We are condemned by the “K” to discuss issues of the past, resolved everywhere and also clearly regulated in the Constitution.
Perhaps so that we do not talk about the thousands of preventable deaths that have been committed, now the diversionary strategy is judicial stability.
According to the President appointed by Cristina Fernández, perhaps it is better that the judges do not remain in their positions until they retire.
But this was already resolved in 1853: the Constitution grants stability of positions and salaries so that judges – ordinary men and women – have the strength and support to resist pressure from the powerful, that everywhere they are always the same: governments, big companies, unions and mafias.
The Judicial Power is the guarantee that we have to protect ourselves from the abuses of other citizens or of those powerful.
The art. 110 of the Constitution is very clear: “The judges of the Supreme Court and of the lower courts of the Nation shall retain their jobs for the duration of their good conduct and shall receive compensation for their services that shall be determined by law and that may not be diminished in any way, while they remain in office. ” Fernández, although he swore on the Constitution and must respect it, argues that the reference to good conduct is not an argument for stability, because it is also required of legislators, the president and the vice president, although their terms are not for life.
It is a fallacy that would imply a postponement in the faculty: Any lawyer knows that when the Constitution wanted to set a deadline, it set it.
Re-eligible indefinitely, deputies last 4 years (art. 50) and senators 6 years (art. 56).
Re-eligible once, the President and vice-president have 4 years of mandate (art. 90 and 91).
This system is common throughout the world: judges with stability, appointed by merit. And political positions with short terms, some renewable.
Why? It is logical: the limited terms are submitted to the validation of the popular vote, but due to their great power, presidents and vice-presidents have less re-eligibility than legislators. As Acton said, power corrupts and absolute power corrupts absolutely.
What is unusual in the world are presidents who want to perpetuate themselves in power, or who want to displace judges.
These phenomena only occur in dictatorships.
Let’s not allow Argentina to fall into an autocracy, because all of us will be left without freedom, except for one person.