Public Law Litigation in the U.S. and in Argentina: Lessons from a Comparative Study

Abstract

This article provides a comparative study of Public Law Litigation and the use of structural remedies in the United States and in Argentina. The case of Argentina is interesting because it is one of the few countries with strong-form judicial review that has implemented this kind of litigation. The experiences in both countries reveal disparate results. Evidence suggests that sustained impact depends on certain political conditions and technical requirements. The article describes these conditions and requirements, fitting them into a model. The model may prove useful to assess the implementation of complex procedural devices under different legal environments. Further, it suggests possible courses of action to judges, legislators, or legal activists seeking to promote structural reform.

Keywords: Public, Litigation, Structural, Reform, Remedies, Argentina, Constitutional, Social, Rights, Mendoza, Verbitsky, Corte, Suprema, Constitucion, Estructural, Reforma, Litigio, Riachuelo, Ambiental

JEL Classification: K32, K33, K41, N40, N46