Original Jurisdiction and Overruling of the Argentine Supreme Court in Cases in Which the City of Buenos Aires is a Party

Authors

Keywords:

Precedent, Overruling, Ciudad de Buenos Aires, Supreme Court

Abstract

The constitutional reform of 1994 gave the City of Buenos Aires a particular status. This influenced the original jurisdiction of the Supreme Court in cases that involved the City. Case law from the highest court on this topic has not been peaceful; on the contrary, at least twice it took a Copernican turn in its precedent. This work offers a reconstruction of the main decisions of Argentine Supreme Court about original jurisdiction in cases between the City of Buenos Aires and a province and explores those decisions in which the Court overruled its precedent. In particular, it examines the reasons given for overruling, their adequacy to justify the change of criteria and how the change of personnel in the court impacted on overruling.

Author Biography

Florencia Ratti, Universidad Católica Argentina UCA

Doctora en Ciencias Jurídicas (UCA). Abogada (UCA). Diplomada en Derecho Constitucional Profundizado (Universidad Austral). Becaria postdoctoral del Consejo Nacional de Investigaciones Científicas y Técnicas (CONICET). Secretaria del Centro de Derecho Constitucional (UCA).

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Published

2021-09-24

How to Cite

Ratti, F. (2021). Original Jurisdiction and Overruling of the Argentine Supreme Court in Cases in Which the City of Buenos Aires is a Party. República Y Derecho, 6(6), 1–39. Retrieved from https://ojs3.derecho.uncu.edu.ar/index.php/revista/article/view/213

Issue

Vol. 6 No. 6 (2021): (Continuous publication)

Section

Articles

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