ABSTRACT

Attempts at constitutional reform in Argentina, initiated in 1986 during the administration of Raul Alfonsin, launched a debate that continues in the 1990s. Moreover, during Argentina's intervals of military rule, politicians who sought to regain power when democracy was reestablished based their strategies on the rules that were in force prior to the coup instead of aiming for improved democratic rules. A direct relationship may exist between the concern for preserving the rule of law and the concentration of economic and social power in society. Neutralizing hyperpresidentialism would be a way of strengthening the rule of law and decentralizing power—all of which would, enhance the moral quality of the democratic system. Reform of the Argentine constitution focuses on changing the structure of the country's hyperpresidentialist system. A new Council of the Magistry—made up of political appointees, representatives of the judiciary, representatives of the bar, and academics—will be responsible for proposing judicial appointments and for the operation of the courts.