EL FEDERALISMO ARGENTINO A DEBATE: ARGUMENTOS EN DEFENSA DE UN MODELO DEMOCRÁTICO DELIBERATIVO DE GOBIERNO FEDERAL

Abstract

This research work has the general objective of reconstructing and evaluating two contemporary but dissimilar democratic models that have as their epicenter the concept of federalism. A first improvised pluralistic federal model emerged in 1994, the year in which the last Argentine constitutional reform was sanctioned. A second model of a deliberative federal type is proposed here as an adequate outlet for the normative objections of the first model. The first federal approach promotes a strong national executive power, as arbitrator and/or mediator in the concertation processes between the Argentine provinces. In this first model, the principle of conflict resolution is that of negotiation and promotes a hyperpresidential system capable of subjecting the provinces to evaluative criteria which are prefixed in the national constitution of 1994. The second approach of deliberative type promotes a political government more decentralized, with a cooperative dynamic between constituted national and subnational powers. In this second model, the principle of conflict resolution proposed is argumentative and the national government would adopt a semi-presidential system in which the procedure of each subnational entity would be evaluated according to criteria established during a previous political debate between the affected organizations