Discurso sobre reforma constitucional análisis de la necesidad de un nuevo momento constituyente para el estado argentino

Abstract

In this paper the author intends to explain succinctly, his personal opinion, and not to express messages of any sectors that might influence in a constitutional reform process. He explains why thinking about constitutional reform is not an insoluble problem, and does not create a reformer guide, but highlights some defects of Argentine's state organization by the normative point of view. He also emphasizes the problems of the exacerbation of the value placed on the rationality inherent to constitutional rules, the repercussions of the failure of it's inobservation, as well as discusses the creation of powers that do not derive from the constitutional textand the lack of identity between legal rationality and popular will, without, however, imposing a pessimism climate to the text. He admits therefore that it is impossible to coexist a strictly rational Constitution and a law system based in the state production as the prevailing element, as it is not necessarily correlated with a giganticnational consensus on shared and widely discussed values.