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Cuestiones constitucionales
versión impresa ISSN 1405-9193
Resumen
BAZAN, Víctor. The Argentinean Supreme Court of Justice is reinvented, presenting itself as a Constitutional Court?. Cuest. Const. [online]. 2009, n.20, pp.3-63. ISSN 1405-9193.
The Supreme Court of Argentina, particularly with its new membership, is undergoing a process aimed at creating a different institutional identity and at tayloring a renewed scheme of constitutional jurisdiction. The key elements of the analysis of this process are focussed on the Argentine legal framework subsequent to the 1994 constitutional reform; the constitutional state de iure, strictly binded to neoconstitucionalism; the rol that a judge plays in such a model; the more complex jurisdictional function; and some recent cases of this Court that decided meaningful aspects of constitutional review or where it took certain firm institutional stances.The author answers the question asked in this essay's title analyzing the mix of elements and influences that typify the current and future Argentine constitutional and legal situation; the greater interaction between constitutional law, constitutional procedural law and international human rights law; and the legal and political challenges that the Supreme Court faces in the pursue of a relocation in the Argentine institutional system.
Palabras llave : Constitutional Procedural Law; Constitutional Law; Constitutional Jurisdiction; Constitutionals Stances; Supreme Court of Argentina.