The so-called “unappealability” of the decisions of the Impeachment Jury. Comments on the decision of the Supreme Court of Justice of the Nation in the Brusa Case

Abstract

Impeachment, as a special constitutional process, is a political responsibility trial subject to the principle of due process by tribunals that are not part of the ordinary judicial structure. The problem that arises is to what extent the acts emanating from these bodies can be later controlled by the Judicial Power, which is precisely the “controlled body” in this kind of proceedings. In Brusa the Supreme Court of Justice of the Nation ruled for the first time on the constitutionality of the judicial review of a jury of prosecution’s decision, and interpreted the scope of the unappealability provided for in section 115 of the Magna Charta. This article intends to analyze and comment on the interpretation that the Supreme Court made of section 115 of the Argentine Constitution, in the light of the various arguments developed in the Brusa decision.

ARK: http://id.caicyt.gov.ar/ark:/s26184699/gmb3cvgjx