This article explores the wave of democratization that swept through Latin America during the 1980s. The article addresses attempts at political reform in Bolivia, Brazil and Chile. It specifically explores the attempts at political reform in Argentina and focuses on the power of the Argentine presidency as well as efforts at constitutional reform. It examines the broad constitutional powers given to the Argentine President and delineates how hyper-presidentialism has contributed to the expansion of presidential authority. The benefits of a parliamentary system are discussed as well as the difficulties in maintaining democracy under a purely presidential system. Finally the article examines the dangers of adopting a purely parliamentary system within Latin American countries accustomed to strong presidential systems and considers the adoption of a mixed parliamentary system. The article promotes the adoption of a system in which there is a separation of the Head of State from the head of the government, parliamentary participation in the formation of government, and electoral participation in the formation of the Executive.
Carlos Santiago Nino,
The Debate Over Constitutional Reform in Latin America,
16 Fordham Int'l L.J. 635
Available at: http://ir.lawnet.fordham.edu/ilj/vol16/iss3/3