Importing the Margin of Appreciation Doctrine to Dysfunctional Federal States. The Case of Argentina

The margin of appreciation is a well-established doctrine created in the European system of human rights in order to accommodate the diversity and plurality of legal systems, conceptions of justice and existent social particularities.
In Argentina, the idea of applying the margin of appreciation doctrine to mediate between the constitutional and international human right duties and the diverse policies and practices enacted by local authorities has gained currency. However, there are reasons to be skeptic toward this proposal.
On the one hand, it will be argued that the margin of appreciation doctrine has some inherent flaws that makes it unsuitable for importation to other legal systems. On the other hand, it will be argued that the doctrine relies on certain premises and principles that makes it particularly ill-suited for federal states.