The Power to Judge, the Power to Act: the Argentine Supreme Court as a Policymaker

Abstract

AbstractEven though the role of courts to enforce economic, social and cultural rights through structural remedies is well established, the implementation stage of rulings following successful litigation seems to be an area of research still in the making. In the Global South, certain constitutional courts have taken on such litigation as a way to advance economic and social rights. The Judiciary Power thus became a key actor in the framing and execution of public policies. This paper examines how the Argentine Supreme Court has intervened after 2001 in public policies regarding the enforcement of social security, environmental and human rights.