Resumen

TRIPOLONE, Gerardo. The executive always wins. Separation of powers and armed forces in Argentina. Cuest. Const. [online]. 2021, n.44, pp.291-323.  Epub 21-Ene-2022. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2021.44.16166.

This work analyses the relations and tensions between the Executive and the Legislative branches on military affairs and national defense in Argentina. Inspired by the investigation that Harold Koh developed in the United States, the main is to prove if, and in which measure, the Executive has primacy over the Legislative, as Koh proved for the American’s case. Through historical examples, it proved that this is also the case in Argentina. The President has not only a primacy over the Congress, but there are cases of open violation of the legislation passed by Congress. There are even cases of presidential decisions made in contradiction of the Constitution. Finally, it seeks the constitutional, historical and political reasons for this pattern and it offers some guides to think solutions.

Palabras llave : Armed forces; separation of powers and constitution of Argentina.