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Item type:Publication, Tribunal Constitucional del Perú y conflicto de poderes(Pontificia Universidad Católica del Perú, 2023-05-23)In Peru, the Constitutional Court has jurisdiction to resolve unconstitutionality and conflicts processes in a single instance, and must do so through the interpretation of constitutional norms, as it is the highest body of control and interpretation of the Constitution. This research analyzes the position assumed by the Court in the face of conflicts between Congress and the Executive Power during the unstable political period 2016-2021. In the control of the laws and the modifications to the Rules of Congress approved by the parliamentary majorities elected in 2016 and 2020, the dissolution of Congress decreed on September 30, 2019 by the Executive and the vote of confidence, established important guidelines of constitutional interpretation; however, this did not occur in matters such as the control of the presidential vacancy due to permanent moral incapacity, the extraordinary emergency decrees issued by the Government while the dissolution of Congress lasted and the rules incorporated in the New Constitutional Procedural Code on votes in the Court for the resolution of constitutional processes.1 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, ¿A igual razón, igual derecho? La tutela constitucional del inversionista nacional por expropiaciones indirectas(Universidad Femenina del Sagrado Corazón, 2020-12-15)This essay deals with the thesis of the protection of indirect expropriations of national investors, invoking the equal treatment —with the advantages, rights and guarantees of the foreign investor— established in article 63 of the Peruvian Constitution. Our goal is to make explicit the reasons why is it now possible to go forward in the procedural protection of the national investor against cases of indirect expropriation, by using arbitration instead of the amparo process for that purpose. This other procedural protection derives from the Bilateral Investment Treaties and Free Trade Agreements that provides for national or international investment arbitration. Given that this arbitration procedure arises from a legal source, the national investor, under the principle of equality of treatment of the foreign investor is also entitled to use it. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, El reconocimiento de la comunicación de señas como derecho inclusivo en el Perú(Universidad Femenina del Sagrado Corazón, 2020-12-15)This article proposes to evaluate the scope generated by the communication of signs as a legitimate, valid and formal communication medium, which must be recognized in favor of the deaf community throughout the Peruvian territory. In this sense, the complementarity of rights of a constitutional nature applicable to the judicial, procedural and communicative field must be evaluated in a special and humane way, since the deaf community has been attended in an equivalent way to a normal person in the process of a process judicial, generating a limiting condition because in most of the Superior Courts of Justice of the country they do not have official interpreters in this communication mechanism. The proposal to evaluate the scope of communication as a means of expression in the participation and accessibility of rights in the judicial sphere allows to detail that in the cases in which the participation of a person with hearing or oral communication limitations is registered, the participation of a person who serves as an interpreter must be considered equivalent to the provisions of subsection 19 of Article 2 of the Constitution and Article 8 of the American Convention on Human Rights. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, “Constitutional” public policy making in context: the peruvian experience(2021-01-01)In this article the authors will identify how the reform of the “new” Peruvian Constitution policy was implemented, with particular emphasis on the influence of the Constitutional Court of Peru. At last, using the theory of public choice, we will present three cases that allow them to conclude that the Peruvian Constitution does not reflect a particular ideology but rather a mix of values that can be opportunistically used by interest groups. The first example deals with the regulation of the education, health and social security sectors. In this case, the authors conclude that the regulation is mercantilist. The second example deals with the “stabilization acts” for foreign investment contracts. In practice, this provision was used to concede a legal monopoly to Telefonica, a telecommunications company. Finally, our third case refers to the treatment of natural resources. In accordance to the Constitution, natural resources are property of the State, not the owner of the land. This anti-market provision has caused economic losses and social conflicts. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, How much local autonomy is good for a city? An analysis of the Peruvian constitutional design for cities and its effects in the case of the Lima Metropolitan Area(Springer, 2021-01-01)The decentralization reform that started in Peru in 2002, which divided the country into regions, provinces and districts, was initially regarded as a just and long-postponed project. However, while the constitution grants all local governments political, economic and administrative autonomy, the rapid population growth many cities have experienced since then calls for the reevaluation of the whole design. This is especially the case for the Lima Metropolitan Area, of which the population has more than doubled since the 1980s. This chapter analyses the effects that being divided into various autonomous districts can have for the governance of a metropolis. We argue that the division causes practical difficulties for reasons rooted in the Peruvian constitutional design, and that this fragmentation hinders the provision of public services, reduces long-term planning and may cause spending inefficiencies. A reexamination of this flawed constitutional design for its cities could be the first step for Peru to finally adapt to its new urban reality as well as to keep up with future changes.