The Supreme Court and indefinite re-election: a correct ruling that ignored a valuable Argentine tradition

Abstract

In December 2024, the Supreme Court of Justice ruled on one of the most awaited cases by the public and the legal community in recent times: the unconstitutionality of the indefinite re-election to the office of governor in the Province of Formosa. It did so in the case “Confederación Frente Amplio Formoseño”. Although this case resolved the conflict in a constitutionally correct manner, it will be seen that such a decision could have been anchored in the original meaning that the original constituents had of the term “forma republicana” of the Constitution and its concrete content. This commentary aims to reflect on and examine the origin of the limitation to re-election as one of the contents of the original meaning of the republican form that the framers of 1853 had. This is in order to highlight that the starting point for the reasoning behind the majority vote should have been anchored in a tradition that is authentically Argentine, based on different sources and experiences in comparative law.