Abstract

SANCHEZ SANCHEZ, Julia. Effects of Constitutional Judgement in Argentinian Law. Cuest. Const. [online]. 2009, n.21, pp.295-318. ISSN 1405-9193.

The regulation of the effects of constitutional sentences in Argentinean Law has been in charge, basically, of the Consuetudinary Procedural Constitutional Law. In one hand, the Supreme Court of Justice has orchestrated, besides the traditional, estimative or negative sentences, other sentences newly coined; of "interpretative", "manipula live" (by addi t ion, subs trac lion and substitutive), exhortative and staggered type. On the other hand, starting on the initial scheme of judgment with inter partes effects, the same Court has created the doctrine of the binding effectiveness of the constitutional doctrine formulated in its sentences, although it allows to move over from her invoking the judge of the case the valid reasons and the differences with those already evaluated by the Court. For else, the declaratives judgments of unconstitutionality have retroactive effect, but there are significant exceptions. In the provincial public Law, there are in turn, very diverse modalities of erga omnes effects.

Keywords : Consuetudinary Procedural Constitutional Law; Sentence: traditional; untraditional; interpretative; manipulative; exhortative; stagger; Constitutional Diffuse Control; Inter partes and erga omnes effects; Constitutional mutations; Provincial public Law.