The Argentine democratic system recognizes three fundamental powers: Executive, Legislative and Judicial; and as a political principle due to the representativeness that characterizes democracy, there is a division of powers, controlling each other, preventing excesses between one another. Our National Constitution has correctly distributed the sum of powers between the federal government bodies and, by delegation, between the federal government and the provinces.
Judges, being guarantors of the legal system through their constitutional interpretation, must maintain rigor regarding the constitutional powers that the Judiciary has been granted, in order to avoidpoliticization of justice wave judicialization of politics.
Political competition decisions or political problems have nothing judicial, so the magistrates, in the sanity of their judgment, are the ones who must decide whether or not they are facing a political act. invade with aquasi “legal” basis for a political act or the orbit of the decisions of political bodies, would imply a violation of the National Constitution, even if the decision is not politically acceptable.
The jurisdiction of the Judicial Branch is for issues of individual rights, not for discretionary issues of the Executive Branch (Marbury vs Madison, 1803, CSJEEUU)
The reserve zones, powers granted by the constitution to the National Executive, such as, for example, the design of the government plan, the economic plan, the budget items, the defense plan, the security plan, the health plan, the of Education; all supported as non-justiciable “collective social objects” and will only have judicial review based on the principle of reasonableness and legality by the powers of the judges of constitutional control and conventional control.
The judicial exhortation that political decisions be framed within the regulations does not imply an invasion of the exercise of the Executive Branch by the Judicial Branch, because all issues can be reviewed by the Judicial Branch (art. 116 CN), but not all The issues will be able to control less if they are faced with political decisions, because the judges do not govern, they guarantee the effectiveness of the rights and the validity of the constitution.
When there are political decisions of officials that are also the acts of the president, although there are value judgments about the way in which the executive uses its discretionary powers, there cannot be another power that controls it. The decision of the Executive is final and political matters concern the Nation, not individual rights.
Now, access to justice guarantees every citizen who may see their rights violated as a result of a political decision, to ask judges to intervene and thus guarantee their fundamental rights as mandated by the National Constitution.
Contact information:
Facebook: Dr Cynthia Castro
Instagram: @dracynthiacastro
by CEDOC
