The Judiciary Against the Republic
The article discusses concerns over the judiciary's increasing role in adjudicating laws in Argentina, emphasizing the need to restore a balanced separation of powers.
The article critiques the judiciary's growing involvement in the legislative process in Argentina, particularly highlighting the trend of judicializing recent laws and speculating on possible legal challenges. It argues that this tendency undermines institutional integrity and calls for a return to a more traditional model of constitutional control. It expresses disappointment over the current state of affairs, suggesting that the judicial branch is overstepping its boundaries by intervening in legislative matters and enacting preemptive actions typical of constitutional courts in Europe.
The author asserts that it is not the judiciary's role to co-legislate or govern and rebukes its attempts to audit every law or decree issued by the government. Citing cases such as the prohibition of certain vehicles and mandates related to environmental issues, the article suggests that these actions represent an inappropriate overreach by the judiciary into administrative functions. This judicial activism, it argues, risks establishing a 'government by judges,' which could fundamentally alter the relationship between the branches of government.
In conclusion, the article calls for a restoration of the principles of separation of powers, emphasizing the need for the Supreme Court to reconsider its current approach. By upholding the classical model of constitutional checks and balances, the judiciary can better serve its purpose without encroaching upon the legislative and executive branches. The author implores that such reforms are essential to preserve both democracy and institutional integrity in Argentina.