The role and influence of precedent in Constitutional Decision-Making. The Case of Argentina

This article offers a series of reflections on the role of precedent in constitutional decision making by examining 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 certainty 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.