ABSTRACT
This chapter describes and analyzes some aspects of the ways in which courts have performed the function of judicial review in Argentina in light of a specific theory regarding the courts' basis, scope, and power. Ackerman's dualist vision,7 which confers democratic legitimacy to the enactment of the Constitution and to its formal or informal modification, does not sufficiently take into account the democratic deficits of the process of enacting Constitutions, such as those of the United States and Argentina. In Argentina the power of judicial review is based upon Article 31 of the Constitution of 1853/60, which establishes the supremacy of the Constitution, the laws enacted under its authority, and treaties with foreign powers. The dynamics of power which evolved in Argentina between 1930 and 1983 may also be analyzed by resorting to the structures of interaction unearthed by the theory of games.
