Roberto Gargarella

Roberto Gargarella
Universidad Torcuato di Tella

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27
Publications
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214
Citations

Publications

Publications (27)
Article
This article deals with constitutional interpretation by discussing the meaning of the Constitution and who should be responsible for its interpretation. Although some believe the ideal constitutional interpretation is the one resulting from a collective process, which covers the institutional issue of who would have the authority to make such an i...
Chapter
From his first days in academia until today, there have been important changes in the writings of Jon Elster. These changes have been a constant in his work – take, for example, his early visit to France, where he went to study Hegel’s intricate thoughts with Louis Althusser and ended up writing his dissertation under the supervision of Raymond Aro...
Article
All over the world, constitutional theory has been experiencing developments which have been studied under the rubric of dialogic constitutionalism, dialogic justice or dialogic judicial review. These novelties seem to have the capacity to challenge traditional ideas and assumptions concerning the system of separation of powers, the organization of...
Article
Introduction: The context Albert Dzur has written an engaging and controversial book, where he defends the jury as a form of “democratic justice.” His proposal is particularly valuable in the context of contemporary criminal justice, which seems particularly hostile to all kinds of initiatives for democratic justice. With the help of Dzur’s book, I...
Article
This paper deals with the relationship between law and social protests, a topic that seems particularly relevant at this time, when recent public events show the existence of growing tension between citizens and public officers. The paper does not explore the ultimate causes that triggered these social protests, but rather the normative and legal q...
Article
This article addresses the theoretical difficulty of justifying the use of penal coercion in circumstances of marked, unjustified social inequality. The intuitive belief behind the text is that in such a context—that of an indecent State—justifying penal coercion becomes very problematic, particularly when directed against the most disfavored membe...
Book
Full-text available
Introduction: Power and Accountability in Latin America and Africa Courts' Accountability Functions: A Framework for Inquiry The Accountability Functions of Latin American Courts Explaining the Rise of Accountability Functions of Costa Rica's Constitutional Court Comparing Courts' Accountability Functions in Africa Does Legal Tradition Matter? The...
Chapter
The last two decades have witnessed a transformation of superior court behavior in many less developed countries. These courts have metamorphosized from being moribund, rubber-stamping institutions with little importance in political matters to more forceful, assertive institutions that constrain the behavior of popular branches of government and t...
Chapter
Similar to the African cases discussed in the previous chapter, Mozambique’s judiciary suffers from a lack of staff, funds, and other resources. Not unlike Uganda, Mozambique has emerged from a context of prolonged civil war preceded by colonial rule, and for a long time, formal court structures simply were not functional. Similar to its neighbors...
Chapter
This chapter compares the accountability functions of courts in Zambia, Malawi, South Africa, Tanzania, and Uganda. These five countries share important characteristics that suggest a similar role for the courts; yet, the accountability functions of the higher courts differ significantly, both across countries and over time. How can this variation...
Chapter
The previous chapter contrasted the rise of Colombia’s “hyperactive” Constitutional Court with the mixed record of the Argentine Supreme Court and the unquestionable reluctance of Chile’s highest court to routinely exercise its accountability function. Of these three countries, Colombia’s Constitutional Court was clearly the most extreme case of ju...
Chapter
This book has addressed the puzzle of why, over the last two decades, some superior courts in less developed, democratic countries have increasingly exercised an accountability function, while others have remained relatively deferential to the popular branches of government. Our examination of the high courts in ten countries on two continents has...
Chapter
This chapter examines the accountability function of superior courts in three Latin American countries—Argentina, Chile, and Colombia—in the last two decades.1 This comparison appears promising because the respective courts have assumed very dissimilar roles in countries that share a common colonial and independence history, similar legal tradition...
Article
Full-text available
En este trabajo se examina críticamente una diversidad de constituciones adoptadas en Sudamérica entre 1810 y 1860.
Article
Full-text available
In this paper I intend to examine Republican Political Philosophy as a conception in dialogue with Liberalism. As I will try to show -through the use of historical examples from the origins of Constitutionalism-, both philosophies are joined by their common egalitarian aspirations, but at the same time display different understandings of the meanin...
Article
The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal and with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region,...
Article
This study examines why, after so many years of economically costly judicial reforms in La1in America, the judicial system in most of the region is s1i11 working so poorly. The study assesses that part of the problem stems from a wrong theoretical analysis. Academics and leading reformers alike have placed too much emphasis on the politically depen...
Article
establecer políticas económicas de Alibre mercado.1 Conforme diré, tales reformas han aparecido inscriptas, muy habitualmente, dentro de un Amodelo constitucional@ al que llamaré individualista. Según entiendo, concentrando nuestra atención sobre dicho modelo constitucional podemos entender mejor los alcances y el valor de tales reformas. Por ello,...
Article
This paper discusses access to justice for the poor in Latin American countries. It takes its cue from the 'Latin American legal paradox': provisions for economic and social rights are generously incorporated into the legal framework of most countries, yet they score poorly in terms of accommodating those rights for the poor. The author enumerates...

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