Corte Suprema y participación ciudadana: reflexiones a partir de una audiencia pública de la Corte argentina

In the last decade, many Supreme Courts in Latin America have adopted public hearings as a part of their decision-making process. This novel phenomenon in these tribunals’ constitutional law practice has been seen as a unique opportunity to tight the links between the judiciary and the citizenry. Ma...

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Bibliographic Details
Main Authors: Saenz, M. Jimena, Barrera, Leticia
Format: Article
Language:Spanish
Published: 2020
Subjects:
Audiencias públicas
corte suprema
participación ciudada
deliberación pública
derecho constitucional
Public hearings
Supreme Court
public participation
public deliberation
constitutional law
Audiências públicas
participação cidadã
deliberação pública
direitoconstitucional
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7575165
Source:Revista Estudios Socio-Jurídicos, ISSN 0124-0579, Vol. 22, Nº. 1, 2020, pags. 263-291
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Corte Suprema y participación ciudadana: reflexiones a partir de una audiencia pública de la Corte argentina
Summary: In the last decade, many Supreme Courts in Latin America have adopted public hearings as a part of their decision-making process. This novel phenomenon in these tribunals’ constitutional law practice has been seen as a unique opportunity to tight the links between the judiciary and the citizenry. Matter-of-factly, the highest courts’ decision to open up decision-making to public participation has been stressed by a constitutional theory that advances democracy in judicial adjudication. This work inquires on public participation in the context of Argentine Supreme Court by pointing out the tensions, discourses, and different perspectives on the cases that the coming of new actors to the judicial arena— other than those who usually stand before the Court—instantiate. To do so, we focus on a particular public hearing held by the Argentine Court in November 2016, in a landmark case decided by the so-called new Court, established in the aftermath of the 2001 crisis. From the ethnographic data collected from interviews, field observation, analysis of the case file, and secondary sources, we propose a situated reflection on the issues at stake in public hearings, in this hearing in particular, through the lens of the democratic constitutional theory.

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