LANGUAGE AND ABUSE IN CONSTITUTIONAL LAW: JUSTICES OF THE SUPREME COURT COMMISSIONED BY THE PRESIDENT OF THE REPUBLIC

This work analyzes an illegal act which never took place since the constitutional restoration of December 1983-the improper appointment of justices to the Supreme Court of Justice by the president of the Republic. The originality and newness of the presidential decision does not soften the fact that it is evidently unconstitutional. Aimed at the development and maintenance of the peace, the political contract known as "federal Constitution system" of the Argentine Republic requires each of the branches of power to exercise their powers limited to the scope recognized by the Constitution itself. If that is not the case, the Constitution becomes ineffective, which entails the destruction of the supremacy of the federal Constitution and the similar ranking of the international law of human rights established under article 75(22) of the Constitution. Executive Order No. 83/2015 openly undermines the separation of governmental functions, the balance of power to the detriment of the Senate and the Supreme Court of Justice, the independence of the Judiciary and the active participation of citizens in the process for the appointment of judges.