Alcances, eficacia y autoridad del precedente constitucional

In Argentina, a growing tendency has been noted to recognize precedent of a sort, particularly when formulated through a long course of decisions pronounced by the highest court of the land on constitutional matters. In this article, I will examine the role that precedents plays in constitutional decision-making in Argentina, one of the Latin American countries that follows most closely the United State model of judicial review, and how the Supreme court in Argentina is affected by earlier decisions on point particularly in the field of constitutional law. The basic idea is that, in order to give firmness and certainly to the constitutional values enunciated by the highest courts, it is necessary to establish a solid and compulsory body of case-law, or jurisprudence, formed by a continuous link of cases. Because like cases should be decided alike, and following established precedents helps keep the law settled, furthers the rule of law, and promotes both consistency and predictability.