Title: Constitutional reform and the 'promised' democracy in Argentina

Authors: Raúl Gustavo Ferreyra

Addresses: Faculty of Law, University of Buenos Aires, Tucumán 1438, piso 2, C 1050 CABA, Argentina

Abstract: This essay deals with the constitutional reform process in Argentina, which has been a constitutional state since 1853; however, the most stable constitutionality cycle, in which citizens take part with no discrimination, persecution or proscription at all, started in December 1983 and still continues at present. Argentina's Federal Constitution establishes an extremely rigid reform process that has been unchanged as from its original drafting, which resulted in only three reforms in the 19th century and three more during the 20th century. The amendment that occurred in 1994 introduced the maintenance and development of the democratic system as a material limit to constitutional changes. Nevertheless, the earth-shattering economic, social and financial crisis faced by Argentina makes these constitutional provisions on democracy look like normative vocabulary of a biblical promised land rather than truly lay and constitutional writings of citizens in peace.

Keywords: Argentina; constitutional reform; constitutional state; citizens; democracy; promised land; peace; limits to amendments.

DOI: 10.1504/IJHRCS.2020.111506

International Journal of Human Rights and Constitutional Studies, 2020 Vol.7 No.4, pp.373 - 390

Received: 22 Apr 2020
Accepted: 24 Apr 2020

Published online: 30 Nov 2020 *

Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article