Bulletin n. 3/2009 | ||
January 2010 | ||
Hernández Antonio María |
||
El federalismo judicial y la protección de los derechos fundamentales en la república argentina | ||
in Revista d'Estudis Autonomics i Federals , n. 9 , 2009 , 91-128 | ||
Argentinean judicial federalism is described, wherein there exists a federal judiciary and also a separate judiciary for each of the provinces and the autonomous city of Buenos Aires. The powers of the respective judiciaries are discussed, along with the provisions of the American convention on human rights. Emphasis is given to control over diffuse constitutionality, which means that any federal or provincial judge is empowered in this area, although the federal supreme court of justice is the final interpreter of the constitution. The systems for appointments to the provincial judiciaries are considered, together with the principles of the tenure and independence of judges and the features of control of constitutionality. With regard to fundamental rights, the dual national and international sources of these is studied. These recognize civil and political rights as well as those of an economic, social and cultural nature, both in the federal system and in the provincial constitutions. The specific guarantee of legal protection for these is analyzed at both federal and provincial level. | ||