ABSTRACT

In this chapter, I discuss the first independent variable that is at play in determining the degree of presidential power in Argentina and Chile, namely the differing levels of the strength of state institutions. In this chapter, I contrast the strength of state institutions in Chile to their weakness in Argentina; in Chile, these institutions ensure that the president does not exceed his/her constitutional powers, whereas in Argentina, these institutions have failed to fulfill their mandates to restrain executive abuses. I analyze the five most important institutions in Argentina that are theoretically supposed to constrain presidential power yet fail to do so in practice, namely congress, the judiciary, the Auditoría General de la Nación (AGN), the Defensor del Pueblo, and the Central Bank. I then look at six important Chilean institutions that have shown considerable strength and an ability to restrict presidential power, namely congress, the judiciary (both the Supreme Court and Constitutional Tribunal), the Contraloría General, the Ministerio Público, the Consejo para la Transparencia, and the Central Bank.