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31 Colum. J. Transnat'l L. 1 (1993-1994)
Nine Years of Transition to Democracy in Argentina: Partial Failure or Qualified Success

handle is hein.journals/cjtl31 and id is 9 raw text is: Articles

Nine Years of Transition
to Democracy in Argentina:
Partial Failure or Qualified Success?
ALEJANDRO M. GARRO
I. INTRODUCTION
The last decade witnessed a wave of democratization throughout
most of Latin America and Eastern Europe. The process of change
from dictatorship to democracy, generally referred to as a transition
to democracy, is said to have brought about a profound re-evaluation
of the general and formal principles that public officials use, both to
resolve disputes between citizens and to justify the domestic use of
force.1 To judge by the liberal economic programs that many Latin
American and Eastern European countries have embraced, this
process of transition has also meant a reassessment of the traditional
role of the State in economic development. Like many Eastern
European nations, some countries of Latin America such as
Argentina, Chile, and Uruguay have important rural, agricultural
* Lecturer in Law, Columbia University School of Law; J.D., National University of
La Plata (Argentina), 1975; L.L.M., Louisiana State University, 1979; J.S.D., Columbia
University, 1990. This Article is based on remarks prepared for the Comparative Law
Section Program of the American Association of Law Schools on How to Reconstruct a
Legal System: Transition from Dictatorship to Democracy, San Antonio, January 5, 1992.
I would like to thank Professors Edith Friedler and Friedrich Juenger for their encourage-
ment, Professors Owen Fiss and Carlos Nino for their thoughtful comments to an earlier
manuscript. I am also grateful to my Argentine colleagues Alejandro D. Carri6, Alberto F.
Garay and Emilio Mignone for helping me to think through many of the issues discussed in
this Article. Errors and misconceptions of fact, judgment and taste are of course mine.
1. For a characterization of the different processes of transitions to democracy, see
PoLncs IN DEVELOPING COuNTRiEs: COMPARING EXPERIENCES WITH DEMOCRACY (Larry
Jay Diamond et al. eds., 1990); TRANSIONS FROM AUTHORITARIAN RULE (Guillermo
O'Donnell et al. eds., 1986); JuAN J. LiNz, THE BREAKDOWN OF DEMOCRATIC REGIumS:
CRISIS, BREAKDOWN, AND REEQUILIBRATION (1978).

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