Unconstitutional constitutional amendment: hyper presidentialism, indefinite re-election and democratic system

The proliferation of populist governments has generated the multiplication of hyper-presidentialist regimes that encourage constitutional reforms to gradually concentrate the power and slowly erode the democratic system. According to their vision, people would lose their track and capacity for sovereign action without a strong and eternal figure-leader.

Understanding that the constitutional amendments should be studied taking into account the historical, political and social circumstances where they occur, this paper will be based on the 2012 proposed Argentinian constitutional reform, which would be probably discussed next year depending on the presidential elections of this year, to support i) the ontological foundations of a democratic constitution, ii) that the protection of democracy as part of the machine room fundamental for the guarantee of fundamental rights, and iii) the need for strong courts able to protect the constitution and democracy from unconstitutional reforms.