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Reasonableness and Rationality in the Precedents of Argentinian Supreme Court: Two Relevant Examples
ISSN: 2545 - 8817
Publisher: author
Reasonableness and Rationality in the Precedents of Argentinian Supreme Court: Two Relevant Examples
Indexed in
Law and Political Sciences
ARTICLE-FACTOR
1.3
Article Basics Score: 3
Article Transparency Score: 2
Article Operation Score: 2
Article Articles Score: 2
Article Accessibility Score: 2
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International Category Code (ICC):
ICC-1002
Publisher: Universidad De San Andrés
International Journal Address (IAA):
IAA.ZONE/2545115188817
eISSN
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2545 - 8817
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Abstract
One of the main points in the evolution from a legal State model to a constitutional State model has been the growing importance ofconstitutional argumentation. In the scope of judicial decision, the normativity of constitutional texts has made that the justification of the judgments have to bemore and more rigorous, not only for its public relevance, but in turn for the control that can be made of them. In the context of justification of judicial decisions, two important terms appear: rationality and reasonableness. According to the current approach, the first is related to the logical correction and the second with the notion of balance or moral justification. This paper will analyze two cases of the Argentinian Supreme Court to identify some conceptual elements of the notion of reasonableness.
