POSTS BY Roberto Gargarella
29 August 2026

A Tribute to David Dyzenhaus and The War Against Law

David Dyzenhaus’ The War Against Law is the most serious critique yet of the legal right's assault on the rule of law. I have found the book extremely interesting, and I would like to devote the following lines to commending both the work itself and its author. Dyzenhaus, Professor of Law at the University of Toronto and originally from South Africa, is one of the few, if not the only, renowned legal scholars who has consistently devoted himself to developing a harsh and serious critique of “the new legal right”. Continue reading >>
05 April 2024

Argentiniens gefährliches Experiment

Improvisation, Unvernunft und provokante Grausamkeit. Continue reading >>
05 April 2024

Argentina’s Dangerous Experiment

Improvisation, Irrationality, and Provocative Cruelty. Continue reading >>
04 January 2022

Restoring the Validity of Law in Democratic Societies

The questions posed by Professors Andrew Arato and András Sajó in their open letter Restoring Constitutionalism are pressing and of utmost public importance. Many of the issues and controversies raised in the letter arise after “democratic backsliding has taken place” and when the constitution already includes “entrenched authoritarian enclaves”. Taking this context into consideration, I will examine a more basic issue, namely the validity of law in a democratic society. Continue reading >>
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01 May 2020

The Fight Against COVID-19 in Argentina: Executive vs Legislative Branch

Argentina’s government has been adopting numerous and significant decisions in the face of the coronavirus (COVID-19) crisis. But: Almost all the relevant decisions adopted by the Executive Branch were decisions that belonged to the Legislative Branch: Congress is the only authority legally authorized to adopt them. In other words, the Executive Power is not authorized to do what it has been doing so far. Continue reading >>
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