The Argentine jurist Robert Gargarella Recognized for their contributions in the field of constitutional law, is aware that Argentina is a charter "very demanding." And says that "seeing the gap between constitutional commitments and constitutional practice is very dramatic, but also very exciting."
Doctor in Law from the University of Buenos Aires (UBA) , with an MA in Political Science from the Facultad Latinoamericana de Ciencias Sociales (FLACSO) and Doctor of Jurisprudence from the University of Chicago, Gargarella, 44 years and authored over twenty books, and wrote recently investigated about the response limits punitive criminal, constitutional theory and deliberative conception of democracy.
What is deliberative democracy and how it differs from other conceptions of democracy ?
The idea of \u200b\u200bdeliberative democracy believes that the only public decisions that are justified are an inclusive process of discussion, not marginalized. Something that is not happening today in Argentina, where voices and groups are systematically absent from decision-making. Congress specializes in taking decisions based on the imposition of a majority raise their hands. And while that is a prerequisite in building a democratic decision is not a sufficient condition for it. Not even enough for the decision to be constitutionally valid.
How should consider the debate on social protest? You say it is inappropriate to do so as if it were compatible render the right of free movement with the demonstrators to express themselves.
Often the causes of social protest have to do with the failure of the state of their own constitutional obligations. Before pointing the finger at those who complain of serious misconduct by the State, should direct it to the authorities and ask them why they do not fulfill their legal obligations. Leaving aside the question to begin discussing how far the rights of taxi or ambulance, trivialize the debate.
Is the right to express themselves should not have limits?
Of course there are limits. But the right to express themselves and, especially, the right to political criticism is-so-called rights law as a condition for the support of other rights. The more we restrict political criticism, the more we risk the rest of the fee structure.
why the state has failed for decades its constitutional duties to guarantee basic social rights people most in need?
Any government has an interest favors rights into giving or stop giving discretion, making the groups affected knees will ask what in reality the state should assure unconditionally. All governments, and this also covers the rights claims like claims for privileges.
How can you ensure that future governments to fulfill their obligation?
Justice can play an extraordinary role, unfortunately, now serving only half, for fear or for political reasons. Therefore, the dispute over the Council of the Judiciary is so serious, although it does not seem: to control the Council serves to put the judges under threat.
How it was blurred the separation between the three branches?
By devoting a concentrated authority in the executive branch, which gradually distorts allow the whole structure of checks and balances. Today as citizens, we have lost control over politics and public life in general. It is the opposite of a progressive project, which requires, above all, to break with economic inequality and political inequality.
What is out for this?
It seems possible to define regulative ideals that have to do with respect for individual autonomy and collective self-government. They are ideal for those who fight. I do not know if it's easy to get there, but it is important, at least, be clear about where direct the efforts. Many of our problems have to do with too clear that we have no where to go.
why you wrote that the reading was made of the origins of Latin American constitutionalism was the least attractive possible?
Among the constitutional options that we chose a very restrictive of political freedom, with a strong concentration of authority in the president, which was a very bad decision. Any Democrat, anyone egalitarian spirit, always to fear and resist the concentration of power. Our Constitution created a strong executive branch, which was later cornered the other powers.
What relation is between the political and economic inequality?
A society marked by political inequality and organized around the market reproduces inequality between its members and undermines the bonds of solidarity. Both inequalities are reinforced. Carry out tasks supportive Today is a heroic exercise because all the institutional incentives are oriented in opposite directions. In more egalitarian civic ties are stronger, and the opportunities to interact with others and see others as equals.
How would you describe democracy in Argentina?
A conservative liberal democracy, with limited respect for civil liberties, strong restrictions on political freedoms of citizens and a marked inequality in the distribution resources, which affects the rest of the democratic structure.
What things do you think?
simultaneously in respect to the values \u200b\u200bof individual liberty and collective self-government, to maximize individual freedom and the ability of citizens to take control over their own affairs. We lived with conservative regimes denied individual freedoms and political and liberal regimes that were more respectful of personal freedoms, but very hostile to the collective capabilities of citizens. The best traditions require equal claim of personal freedoms with political equality. This must go hand in hand with economic equality and ensuring material conditions that allow us to live in community.
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