Citas bibligráficas
Morocco, E., (2016). El overruling en los precedentes vinculantes del Tribunal Constitucional Peruano y su incidencia en los derechos fundamentales [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/10093
Morocco, E., El overruling en los precedentes vinculantes del Tribunal Constitucional Peruano y su incidencia en los derechos fundamentales [Tesis]. PE: Universidad Privada del Norte; 2016. https://hdl.handle.net/11537/10093
@misc{renati/520869,
title = "El overruling en los precedentes vinculantes del Tribunal Constitucional Peruano y su incidencia en los derechos fundamentales",
author = "Morocco Colque, Edwin Adolfo",
publisher = "Universidad Privada del Norte",
year = "2016"
}
ABSTRACT This thesis entitled “The OVERRULING IN THE BINDING PRECEDENT OF THE PERUVIAN CONSTITUTIONAL COURT AND ITS IMPACT ON FUNDAMENTAL RIGHTS“ presents a detailed study of binding precedent and the technique of “overruling“ within the framework of the Peruvian constitutional justice, posing for this purpose an analysis around the national doctrine and compared, addressing with special concern the origin of creation and implementation of the aforementioned legal institutions, with the purpose of determining, prima facie, if they have been duly implemented in our State, both from their budgets application, its structural elements and their effects, and then establish interpretative if your current application - as Halle in the Peruvian system - have violated fundamental rights, given its Direct impact in force in which implies constitute the dominant criterion of binding legal interpretation in terms of constitutional Law rests. Exposed the ultimate, the researcher proposes a discussion based on the theory of fundamental rights, as well as the considerations of specialists in the areas of constitutional Law and constitutional procedure, to delimit the damages resulting from the application of overruling in the binding precedent in fundamental rights, both in the legal field as social. In “Chapter 1. Introduction“, has developed the problematic reality that frames the development of research, as well as the respective formulation of the problem, its justification, the investigative limitations and the objectives that guide the development of the thesis. In “Chapter 2. Theoretical Framework“, have developed the antecedents of the topic of thesis selected, remains for the case merely theoretical nationals; it has also provided the theoretical foundations, which have been strategically organized in four chapters: i) The Peruvian Constitutional Court; (ii) The judgments Constitutional; (iii) the constitutional precedent binding; and, iv) Fundamental Rights and its interpretation; finally, it has exposed the formulation of the hypothesis, which will be contrasted with the investigation. In “Chapter 3. Methodology“, has exposed the Methodological part consisting of: the operationalization of the variables that make up the problem of investigation to establish units of measurement to consider in our instruments; the research design, as well as the study material, composed of units of study populations and selected samples; as well as the techniques, instruments and procedures used for both the collection of data as to the analysis of the information collected, in relation to the variables that make up the research problem of this thesis. In “Chapter 5. Results“, shall set out the results obtained from the application of the instruments in the form of: i) Guide expert judgment; (ii) Guide of the documentary analysis, and (iii) jurisprudential analysis Guide, in order subsequently to interrelate in “Chapter 6. Discussion of results“. Finally, will establish the conclusions, both general and specific, in relation to the objectives proposed in the present investigation, to then fix the relevant recommendations, from the legal perspective; accompanying bibliographic references used in the research, as well as the corresponding annexes.
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