Abstract

YLARRI, Juan Santiago. The division of powers in the economic emergency in Argentina. Cuest. Const. [online]. 2015, n.32, pp.235-262. ISSN 1405-9193.

In this paper we will analyze the principle of the division of powers in the economic emergency. We will study the origins of this principle and its characteristics in Argentina, and the institute of economic emergency. It is observed that during economic emergency, the Executive is the branch of government that has increased its powers, through the issuance of “decrees of need and urgency”, and the delegation of legislative powers. We conclude that although the constitutional reform of 1994 has sought to limit the exercise of such powers, in practice this goal has not been achieved. A stricter judicial scrutiny is necessary.

Keywords : division of powers; economic emergency; judicial review; delegation of legislative powers; decrees of need and urgency.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )