The systemic notion of contemporary Argentine Administrative Law and conventionality control in the Supreme Court of Justice of Argentina: homo- and ecocentric paradigms as constitutional attractors

Abstract

This paper examines the transformation of Argentine administrative law in contexts of uncertainty and complexity, based on the progressive articulation between the National Constitution, international human rights treaties, and the conventionality control. From a systemic perspective, it is argued that the legal order does not operate as a fragmented set of norms, but rather as a normative group that is synchronized through processes of isomorphism, thereby enabling the reconstruction of systemic unity in the face of internal and external pressures of diverse nature. Within this framework, the article proposes that contemporary administrative law is configured as a law of common endeavor and co-responsibility, moving beyond traditional models centered on bilateral relationships or exclusively competence-based logics. This evolution is expressed through the consolidation of homocentric and ecocentric paradigms, conceived as constitutional attractors that guide the interpretation and application of administrative law in complex situations. The ecocentric paradigm imposes a logic of structural co-responsibility derived from the protection of the environment as a collective, indivisible, and interjurisdictional good, which requires coordinated action by the different levels of government. In turn, the homocentric paradigm acquires full juridical-administrative density when the Minimum Core of Economic, Social, Cultural, and Environmental Rights (DESCA) is activated, conceptualized as an operative normative particle of the constitutional and conventional normative group. Its recognition in the concrete case generates immediate obligations of provision, protection, and administrative organization, rendering inopposable excuses based on competence, budgetary constraints, or State inaction. The paper concludes that the articulation between the conventionality control, constitutional attractors, and the Minimum Core allows contemporary administrative law to be understood as a central instrument for ensuring the real effectiveness of fundamental rights and the coherence of the legal order in scenarios of high institutional complexity.