For a good part of society, the number thirty anniversary of the sanction of the constitutional reform of 1994 went unnoticed last year. Beef by the recession and with a diminishing confidence in democracy, the population seems to remember little of that fact and its consequences.
90 days to change Argentina. The last Constitutional Reform (Futurock), by political scientist Tomás Aguerre, is a compact book that allows us to review the political context that made it possible It is clear: although the possibility of enabling the presidential re -election in the new Constitution does not exhaust all the debate or the scaffolding that took place in the convention, it does “explain much of the conditions” that made the new norm possible. In other words, without the will of the PJ to push, in the first place and as an unnegotiable condition, that the then President Carlos Menem could appear for a new period, no modification had been possible. In that sense, the author does not seek to pose intellectual and relativize the weight of that cause as a fundamental fuel of the reform. The book analyzes the context of the year 1993, with the macro numbers of the economy that smiled at the Government and with the Peronist triumph in the legislative of that year. On the horse of these two facts, the ruling began to seek the idea of a constitutional reform that allowed presidential re -election and included the possibility of summoning a plebiscite to, to be a winner, to press the radicalism to accept the need to modify the Magna Carta. The author recalls that the UCR had explicitly opposed the intention of reform. However, Raúl Alfonsín, prior negotiation with intermediaries, secretly agreed with Menem to accept presidential re -election. In return, the veteran radical leader was carried out as potential “conquest” the creation of a kind of “coordinating minister”, the choice of a third senator for each province, the direct election of the head of the Buenos Aires government, the four -year reduction of the mandate of the head of state and the establishment of the ballotage mechanism, among other elements. Peronists and radicals established a kind of bolt on those points, grouped as a core of basic coincidences, which had to be approved or rejected in block, not one by one. It was the way in which both parties were to confess that the other would fulfill what was agreed. In addition, they agreed that the articles ranging from 1 to 35 of the Constitution of 1853 could not be modified. In this way, there was a double padlock: the entire part of statements, rights and guarantees could not be touched, and the core of basic coincidences had to vote completely, by itself or by not. Radicalism paid a high price electorally in the elections to conventional constituents of 1994, since the opposition vote fed the big front, which won in the Federal Capital and in Neuquén and that displaced that party as a second force in the province in the province of good AIRES. And in 1995, in the presidential elections, it would be in third place. Aguerre’s book also explains the different negotiations with the Constitutional Convention, opened on May 25, 1994. As a positive balance, the incorporation to the National Constitution of all international treaties signed by the country, which gave constitutional rank to the universal declaration of human rights, to the convention on the convention on the elimination of all forms of all forms of all forms of all forms of all the forms of all the. Discrimination against women and the Convention on the Rights of the Child, among others. However, the “attenuation of presidentialism” published by Alfonsín to make the Olivos Pact more digestible was diluted. And incorporated instruments, such as the legislative initiative and popular consultation were practically not used, crowded by restrictive regulations. “Reforming a constitution is a unique opportunity and, as such, it demands times of reflection, long -term looks and the incorporation of perspectives that in this process did not seem to be present,” says Aguerre towards the end of the text. Motorized by the desire of the then ruling to enable presidential and thickened re -election, in part, by cupular agreements, the reform seems to have left pleasure. Anyway, given the times that run, think of another constitutional modification with consensus of the two main forces sounds unlikely. Maybe that is another positive legacy of that 1994 process.
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