Politics Events Country 2026-03-17T20:07:24+00:00

Political Struggle and Judicial Power in Argentina

Analysis of political rhetoric in Argentina, focusing on historical executive branch interventions in the judicial system. The text examines the actions of Presidents Perón, Menem, and the Kirchners, and their impact on the independence of the courts, including the Supreme Court and the Council of the Magistrature.


Political Struggle and Judicial Power in Argentina

The lengthy and rhetorical speech delivered by Cristina Fernández de Kirchner in the courtroom during the so-called 'Cuadernos' trial demonstrates a biased reconstruction of the lamentable progressive degradation process that the National Judicial Power has been undergoing since the democratic system's reopening, regardless of the chilling data that has surfaced from the 2025 sentencing of Marcelo Sebastián D'Alessio. The former president forgets that in 1947, then-President Juan D. Perón decimated the Supreme Court of Justice of the Nation through a parody of an impeachment trial, which exposed a crude and malicious destabilizing plot against the magistrates of the High Court. Thus, the doctors Antonio Sagarma, Benito Nazar Anchorena, Francisco Ramos Mejía, Roberto Repetto, including the Attorney General of the Nation, were swept away; the central charge was having 'validated the de facto doctrine' and thus 'having endorsed the coups of 1930 and 1943'. The same lady, former president of the Nation, also forgets that in 1990, then-President of the Nation Dr. Carlos S. Menem expanded the High Court's composition from five to nine members, thus consecrating the so-called 'automatic majority' through which privatizations, Aerolíneas Argentinas, YPF, etc., and the rebalancing of telephone rates were approved. The same former president of the Nation also forgets that during 2004/5, Dr. Néstor Kirchner swept away the aforementioned composition of the High Court with the 'automatic majority' with the undisguised purpose of changing its composition to guarantee that the public policies drawn up by the same Dr. Kirchner's administration in those years would be validated from the High Court's own legal discourse. And as a colorful note – and regarding Peronist governments – self-reference is inevitable in this case. (Regarding the Council of the Magistrature). Same, Pagni, La Nación, 18/12/00 'Cracks in the opposition bloc, an old pact is reactivated to appoint judges friendly to kirchnerism'. Anzorreguy?