THE ARGENTINIAN NATIONAL SUPREME COURT OF JUSTICE IN THE CYCLE OF THE NATIONAL DEFENSE CONSTITUTION (1948-1962)

Abstract

In this work we analyze the rules adopted by the Argentinian Supreme Court of Justice on military powers in a particular period of time signed by the formal participation of the country in an international war and the internal armed conflicts, according to the criteria of the Court itself .The aim is to describe the way that the Court has interpreted the powers on national defense and has controlled, approved or rejected its use by the Executive and Legislative branches. We use the theoretical approach of Harold Koh in his The National Security Constitution in order to describe a cycle of National Defense Constitution in Argentina. We use the discursive analysis as a research methodology of four important cases resolved by the Court. From this analysis, we systematize the fundamental rules of the Court on the topic. The importance of this approach is, in the one hand, because the lack of systematical studies from constitutional law on military powers in Argentina and, in the other, because with these four cases the Court has made the judicial rules on military powers that has not changed in other cases.