Institutionality in Mercosur: present and perspectives of the “democratic clause”

Abstract

The following article analyses the Mercosur community norms and relevant legal doctrine in the field of international law, related to the Mercosur in which Argentina takes part, concerning the defence of the public democratic order.

As a result of a political process fueled by an ideology that largely differed to the original purposes considered essential in the beginning of the see) and projects, the whole regional block drifted to political instability due to distortion of its policy fundaments. This principle, conditio sine qua non for the member states of such multilateral treaty, comprehending the notions of representative democracy and of the
separation of powers, got invigorated by clauses incorporated in the founding texts from the OAS (as the base treaty for any continental cooperation) among others, to the ones belonging to the Southern Common Market.