Studies in Comparative Federalism: Argentina, the United States, and Mexico

Antonio María Hernández, Studies in Comparative Federalism: Argentina, the United States and Mexico (2019)

University at Buffalo School of Law Legal Studies Research Paper No. 2019-011

323 Pages Posted: 6 Jan 2020

Date Written: 2019

Abstract

Comparing the federalism of Argentina with that of the United States, which was its model, and with that of Mexico, which, like the Argentine, is Latin American, is a complex and difficult challenge, for many reasons, starting with the breadth and depth of the different historical, juridical, political, economic, cultural, and social situations that must be analyzed. Chapter I explains the conceptual and methodological underpinning of this study, beginning with some theoretical concepts of federalism and of the classification of federal political systems, to be able to accurately characterize our object of study. Then we consider the methodological aspects, that involve a realistic, interdisciplinary analysis, to be able to see, understand and evaluate the similarities and differences between these three federalisms. We also mention the particular care that must be taken in the case of a comparative view and, especially, in the case of comparative constitutionalism.

We must also add another special consideration concerning the problem of transplanting constitutions, as occurred in Argentina and Mexico with the United States constitution. This is the reason for the greater length of Chap. II, comparing the federalism of Argentina with that of the United States, where we devote our attention to that important debate and other cultural, institutional, and political aspects in which we differ. Finally, Chap. III compares Argentina with Mexico, a country with which we have greater historical, political, and cultural similarities, being part of Latin America. This is an earlier study, so it is not as developed as the previous chapter, in which we compare not only the historical and constitutional but also the functional aspects and those related to subnational constitutionalism and municipal law. In this case, we concentrate on the historical and constitutional questions of the federalisms of Argentina and Mexico and leave a deepening of this comparative study for the future.

Suggested Citation

Hernández, Antonio, Studies in Comparative Federalism: Argentina, the United States, and Mexico (2019). Antonio María Hernández, Studies in Comparative Federalism: Argentina, the United States and Mexico (2019); University at Buffalo School of Law Legal Studies Research Paper No. 2019-011. Available at SSRN: https://ssrn.com/abstract=3514577

Antonio Hernández (Contact Author)

Universidad Nacional de Córdoba ( email )

Av. Haya de la Tore s/n
Pabellon Argentina
Cordoba, Córdoba 5000
Argentina

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