The constitutional control in the Argentine subnational constitutional law

Authors

  • Cristian Altavilla Universidad Siglo 21

DOI:

https://doi.org/10.18042/cepc/aijc.24.08

Keywords:

Constitutional control, constitutional law, state constitutional law, constitutional procedural law, concentrated control, fuzzy control, hybrid systems.

Abstract

In comparative law there are two systems of constitutional control: the diffuse system and the concentrated system, systems which differentiated themselves, among many other aspects, by the effects of the declaration of unconstitutionality of norms, by the procedure and by the court which is empowered with such control. Added to these two clearly different systems, are other called mixed, hybrid, dual or parallel systems. A good example of that could be found in the interesting mixture of institutional designs in the public (or constitutional) provincial law in Argentina, where many provincial constitutions have combined elements from both systems. The aim of this paper is to analyze the constitutional dispositions of the 23 Argentine provinces (along with the Autonomous City of Buenos Aires) regarding the constitutional control, for the purpose of describing and establishing the main features of constitutional control at the subnational level and it differences with the federal order. 

Published

2020-06-10

Issue

Section

CASE LAW