Judicial reform and democratization of justice in Argentina. The complex articulation of democracy and the republic

Abstract

The judicial reform to democratize the judicial branch that stimulated the government of Cristina Fernandez de Kirchner in the Argentina, has advanced swiftly in the Parliament, generated an intense polemic of that it is necessary to stand out and celebrate, beyond consensuses, dissents and conjunctures, which after thirty years of institutional continuity, finally, there are debated complex and sophisticated questions in relation to the institutional engineering of the judicial branch of the State. Of six projects of reform announced by the President, three are fitted inside the way tending to obtain visibility and transparency against the traditional opaqueness of the judicial branch. Other one of the projects should to unload work to the Supreme Court creating Courts of Cassation of different competences for matter, it should point that the highest Argentine court concentrates his efforts in the topics of major institutional relevancy in the style of the Supreme Court of USA and Canada. Both remaining projects are those that more commotion they have caused, because they address to two theoretical central concepts of the political science and of the juridical - institutional design of a State, the democracy and the majority legitimacy versus the republican controls, the division of power, " checks and balances", the brakes and counterweights, the political management control.