Vacunación obligatoria frente a la COVID-19 en el Perú, legitimación democrática y limitación de derechos fundamentales
Democratic legitimacy in the constitutional State is based on electoral processes, to endorse the exercise of power as well as to support the limitation of fundamental rights, as an extreme exercise of the space between authority and freedom, always present in today’s societies. From philosophy, as...
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| Format: | Article |
| Language: | Spanish |
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2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8607208 |
| Source: | Revista Derecho Público Iberoamericano, ISSN 0719-2959, Nº. 21, 2022, pags. 63-78 |
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| Summary: |
Democratic legitimacy in the constitutional State is based on electoral processes, to endorse the exercise of power as well as to support the limitation of fundamental rights, as an extreme exercise of the space between authority and freedom, always present in today’s societies. From philosophy, as well as from political theory and constitutionalism, such ownership is granted to Parliament with all peace. However, considering the complexity of the legislative work and the need for public authorities to act in pursuit of citizens, it is currently assumed that the Executive, as head of the administration, can limit fundamental rights, which is validated by constitutional jurisprudence who understands that this is part of the technical competences in its capacity as public power. In this context, through this essay we will proceed to analyze whether it is possible for mandatory vaccination against COVID-19 to become a space for loosening democratic legitimacy with the purpose of safeguarding the health of the community in a current scenario. of continuous uncertainty that focuses on providing answers on the progress of events until recently unthinkable for modern States, attending to this new scenario calls into question the fragile balance between freedom and authority |
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