The Passing of Dual Federalism and what it means today – The Argentine case.

This paper analyses the case for marbled-cake federalism implied in the passing of the dual federalism and the emergence of the cooperative federalism. In this framing, the concurrence of powers can increase fragmentation and inconsistency of criteria, and the Argentine Supreme Court decisions were looking for the proper way to adjudicate disagreements and clashes among the Federal State and the Provinces.

Even with a lack of grand unified theory, and in a minimalistic way, we see that the Court tries to balance three aspects: (1) the consideration of the rights perspective as a constitutional boundary, (2) the purposive -and efficiency oriented- frame of a federalism of complementation on the basis of the “federal loyalty”, and (3) the weighing of the pactum foederis as a customizable device with the concept of a federalism by contract based on intergovernmental agreements on disputed issues.