Limites a las competencias del tribunal constitucional como organismo contralor del orden constitucional
One of the problems that has deserved innumerable criticisms of both the specialized sector and the legal community in general, and that has motivated our attention, since it is not alien to the democratic context in which our country develops, refers to the constant frictions caused with other cons...
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Format: | Article |
Language: | Spanish |
Published: |
2019
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7261907 |
Source: | IUS: Revista de investigación de la Facultad de Derecho, ISSN 2222-9655, null 1, Nº. 2, 2019 (Ejemplar dedicado a: IUS - Revista de investigación de la Facultad de Derecho Vol. I No. 2 (Diciembre 2019)), pags. 96-115 |
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Summary: |
One of the problems that has deserved innumerable criticisms of both the specialized sector and the legal community in general, and that has motivated our attention, since it is not alien to the democratic context in which our country develops, refers to the constant frictions caused with other constituent bodies of the constitutional system (for example, the recent ruling issued in Exp. 0020-2015-PI / TC, which declares the unconstitutionality of article 46 of Law 27785 regulating the sanctioning power of the Comptroller General of the Republic), from which an almost majority position has been propagated regarding the “excessive power” that our Constitutional Court has, recognized as a privileged interpreter of the Constitution, whose function is to preserve the constitutional order and therefore the balance of powers; and although it acts with autonomy and independence (principles recognized by its Organic Law), its work does not have to be free of questions. |
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