ABSTRACT
The Argentine Supreme Court along with several high tribunals and Constitutional Courts in the region offer multiple examples of biased non-democratic case law interpretation, a phenomenon which, unfortunately, is nowadays on the rise. Civilian and military dictatorships and a myriad of populist experiences throughout Latin American history have undoubtedly been supported by whimsical anti-normative readings of the Constitution. In Bruce Ackerman’s words, the nightmare refers to a recurrent traumatic phenomenon that depicts constitutional design failures in the region. The tension between political vis-a-vis legal constitutionalism is inevitable. A fair grasp of constitutional interpretation needs to take notice of some of the underlying concepts at stake. It is a well-known fact that most Latin American highest courts have not only developed a Kelsenian controlling role as a negative legislator. The Argentine Supreme Court has had prominent justices and has bequeathed some excellent rulings to the country.
