After the flood. The conservative perfectionism in the new law of the Supreme Court (1990-1997)
In this paper I want to emphasize that, in spite of its political dependency (and against what could have been expected) the new Argentinean Supreme Court did not become a 'mere appendix' or 'mouthpiece' of the Executive branch, that is, an arbitrary institution simply oriented t...
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| Formato: | JOUR |
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| Acceso en línea: | http://hdl.handle.net/20.500.12110/paper_0046001X_v38_n149_p439_Gargarella |
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| Sumario: | In this paper I want to emphasize that, in spite of its political dependency (and against what could have been expected) the new Argentinean Supreme Court did not become a 'mere appendix' or 'mouthpiece' of the Executive branch, that is, an arbitrary institution simply oriented to legitimize the Executive's decisions. On the contrary, during all these years the Court kept its commitment to a rich and consistent doctrine, distinguished by its perfectionism and conservationism, and which find its roots in an unattractive and long-standing political tradition. The perfectionism of the Court became apparent through its defense of the government when the latter adopted a particular conception of the good; and, in addition, through its defense of the government's attempts to advance that particular conception through the use of its coercive powers. The conservatism of the Court became apparent through its own defense of traditional moral values the 'conventional mortality' of society and its resistance to liberal or egalitarian ideas, in general. |
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