Actores para un nuevo orden nacional Los 'abogados de la Confederación' argentina: la idoneidad entre lo jurídico y lo político

Abstract

In September of 1854, Justo José de Urquiza started to establish the judiciary through a decree that specified the requirements and ways to enable “lawyers of Confederation” in Argentina. We recreate the legislative debates on the decree/law, that show the terms of the recognition of lawyers as “suitable” persons to exercise judicial positions during this period of conformation of the federal justice. Those debates and the principal aspects in which that “suitability” was based, allow us to propose a new reading of the decree/law and its significance in the legal and political context of those years. The paper suggests ideas that reflects public functions in a broad sense, and specifically discusses the formation of the national judiciary as a result of political decisions. We highlight the requirements of knowledge, the networks of relationships and political loyalties and the public careers of the actors. In general terms, we related the theme with the redefinition of political-institutional relations between provincial and national authorities as well as among judiciary and the executive and legislative powers.

Keywords

• judiciary - lawyers - political power - congress – legislation – division of powers