Bibliographic citations
Puerta, R., Salinas, L. (2024). Decretos de urgencia emitidos durante el interregno parlamentario del periodo 2019-2020: alcances y límites [Universidad Nacional de Trujillo]. https://hdl.handle.net/20.500.14414/21028
Puerta, R., Salinas, L. Decretos de urgencia emitidos durante el interregno parlamentario del periodo 2019-2020: alcances y límites []. PE: Universidad Nacional de Trujillo; 2024. https://hdl.handle.net/20.500.14414/21028
@misc{renati/1043237,
title = "Decretos de urgencia emitidos durante el interregno parlamentario del periodo 2019-2020: alcances y límites",
author = "Salinas Rojas, Lorena Natalí",
publisher = "Universidad Nacional de Trujillo",
year = "2024"
}
ABSTRACT The dissolution of the Congress of the Republic, decreed on September 30, 2019, inaugurated the first parliamentary interregnum since the entry into force of the 1993 Constitution, with the subsequent power of the Executive Branch to legislate through emergency decrees, in accordance with the article 135 in fine of the Constitution. Never before have emergency decrees been issued other than by virtue of article 118, paragraph 19, of the Constitution. Therefore, this investigation focused on determining the scope of that type of legal regulations issued in congressional absence and whether they are limited by the peruvian legal system, based on the legislative experience of the 2019-2020 period. After a careful investigation, it was determined that they do have explicit and implicit limits that emanate from the Constitution, which must be interpreted as a whole, with special emphasis on the principles of separation and balance of powers, democracy, proportionality and reasonableness. However, these limits cannot be equated strictu sensu with emergency decrees issued in situations of parliamentary normality. Finally, it is ecommended that the Congress of the Republic improve the deficient legislative technique with which that legal figure has been regulated and, in its capacity as supreme interpreter of the Constitution, establish binding jurisprudence around this anomalous legislative power.
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