Nuevos movimientos sociales en Argentina y judicialización de demandas
This article analyzes the phenomenon of demands brought before the courts by citizens belonging to different social movements, and focuses on the Argentinian case within the Latin American context. A definition of new social movements based on the Concepts of Demands,Conflict and Identity is drawn....
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2011
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5582555 |
| Source: | Derecho y ciencias sociales, ISSN 1852-2971, Nº. 5 (Octubre 2011), 2011, pags. 30-50 |
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| Summary: |
This article analyzes the phenomenon of demands brought before the courts by citizens belonging to different social movements, and focuses on the Argentinian case within the Latin American context. A definition of new social movements based on the Concepts of Demands,Conflict and Identity is drawn. The changes in the inter-relation between Civil society- State, the Progressive Consolidation of Democracy and the new Importance of Law as an efficient instrument to meet social demands, are studied. The result of the the strategies applied by the new social movements which have used available resources to become protagonists of judicial activity, is the increase in the number of demands on citizens’ rights, filed at courts. The changes in Constitucional Law which introduce Human Rights’ issues as well as those which allow for collective demands, are worth mentioning. The conclusion is that the ever increasing presence of judicial activism that social movements display, is not only a ”bottom up” way of making politics but it is also a “bottom up” way of Demanding and Building Rights. This rocks the pendulum between the Police State and the State of Right, inclining the scale in favour of the latter, and at the same time, it redeems the liberating potential of the Law |
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