Ramiro Álvarez Ugarte y Juan González Bertomeu, The I·CONnect-Clough Center 2020 Global Review of Constitutional Law: Argentina Report. R Albert et al (eds), Clough Center for the Study of Constitutional Democracy. 2021
SSRN:3942876 (→ PDF)
The most important development of 2020 peaked with the year’s last breath. On December 30, Congress passed a statute decriminalizing abortion, culminating an extraordinary process of women’s mobilization. Other than this, the Supreme Court found itself pressed by opposing forces to settle politically intractable questions. The outcome was bad constitutional law—the kind only a country perpetually in crisis can produce. We devote most of this report to the existing dispute between the two main political factions regarding the legitimacy of judicial inquiries into previous administrations. The controversy has put extra strain on a flawed and manipulated judiciary.