Hastings International and Comparative Law Review Volume 31 Article 3 Number 2 Summer 2008 1-1-2008 Constitutional Changes, Transitional Justice, and Legitimacy: The Life and Death of Argentina's "Amnesty" Laws Jose Sebastian Elias Follow this and additional works at: https://repository.uchastings.edu/ hastings_international_comparative_law_review Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Jose Sebastian Elias, Constitutional Changes, Transitional Justice, and Legitimacy: The Life and Death of Argentina's "Amnesty" Laws, 31 Hastings Int'l & Comp. L. Rev. 587 (2008). Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol31/iss2/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings International and Comparative Law Review by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. Constitutional Changes, Transitional Justice, and Legitimacy: The Life and Death of Argentina's "Amnesty" Laws By JOSE SEBASTIAN ELIAS I. Introduction Argentina has a long history of authoritarian government, with a good portion of the twentieth century characterized by military dictatorships. This environment has hindered the development of a liberal constitutional practice of government, one that is consistent with the rule of law and that places a high value on individual rights and on the value of autonomy.1 The most serious interruption of constitutional order took place between 1976 and 1983, when a military government ruled the country with an iron fist under the pretext of fighting the communist guerrilla. In this process, * I am indebted to Bruce Ackerman for his insightful criticisms and comments on an earlier version of this paper.