THE LAST POLITICAL REFORM IN ARGENTINA IN 2009: DISCLOSING IMPLICATIONS BEYOND THE FORMAL LAW

Resumo

In 2009 the Argentinian Congress passed the Law 26.571 of“Democratization of Political Representation, Transparency andElectoral Equity”. Considering the importance of these kinds of reformsfor the political system, this paper aims to describe and analyze thispolitical reform from a new approach in the study of institutionalchanges: a two-level theory. Taking into account distributive andefficiency principles, as well as historical precedents, a morecomprehensive model is proposed. It lets us reflect on the diverseelements of the new legislation, its objectives and pretended effects,some of which could not or will difficultly be reached. In addition tothis, it is argued that this last political reform in the country is part of anew trend in Latina American democracies. Its design and its purposesreveal that this institutional amendment is more than just that. As in“consolidated democracies” changes are no longer radical; on thecontrary, incremental amendments to ordinary legislation are becomingthe rule.To conclude, some reflections about the effects of the politicalreform on Argentinean democracy and political institutions areproposed. A comparative research agenda of last electoral amendmentsin other countries of the sub-continent is suggested.