Bibliographic citations
Alejos, O., (2022). Informe jurídico de la Sentencia del Tribunal Constitucional N° 00032-2021-PI/TC : Caso de la cuestión de confianza II [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/23055
Alejos, O., Informe jurídico de la Sentencia del Tribunal Constitucional N° 00032-2021-PI/TC : Caso de la cuestión de confianza II []. PE: Pontificia Universidad Católica del Perú; 2022. http://hdl.handle.net/20.500.12404/23055
@misc{renati/527174,
title = "Informe jurídico de la Sentencia del Tribunal Constitucional N° 00032-2021-PI/TC : Caso de la cuestión de confianza II",
author = "Alejos Mata, Omar Alejandro",
publisher = "Pontificia Universidad Católica del Perú",
year = "2022"
}
The objective of this paper is to analyze the sentence of the Peruvian Constitutional Court No. 00032-2021-PI/TC, “Case of the question of trust II“, by which the Executive Branch files a claim of unconstitutionality against Law No. 31355, “Law that develops the exercise of the matter of trust regulated in the last paragraph of article 132 and in article 133 of the Political Constitution of Peru“, which was approved by insistence and promulgated by the Congress of the Republic. In the case of an unconstitutionality process, five votes were required to declare the claim founded and, consequently, the challenged law unconstitutional. However, this fact did not occur, since four magistrates issued separate votes declaring the lawsuit unfounded and only two magistrates voted in favor of declaring Law No. 31355 unconstitutional. In this sense, in the present work it will be argued that contrary to what was decided by the Constitutional Court, Law No. 31355 is unconstitutional, both in form and substance. To do this, it will follow the structure proposed by Judge Espinosa-Saldaña in his presentation, including the considerations set forth by the other judges in their individual votes. Thus, in the first place, the formal constitutionality examination of Law No. 31355 will be carried out. On the one hand, it will be shown that the material content of the contested law modifies the current legal-constitutional framework, by virtue of which its Approval should have been through a constitutional reform law and not through an ordinary law. On the other hand, the excess of the Congress of the Republic will be analyzed in the exercise of its powers established in article 102.1 of the Constitution, regarding its attribution to interpret the laws. Second, an examination of the substantive constitutionality of Law No. 31355 will be carried out. For this, a brief review of the nature, object, and scope of the question of trust in the Peruvian constitutional text will be developed. Then, the limits that Law No. 31355 establishes to the question of trust will be addressed, and how these violate the constitutional principle of separation of powers, which includes the balance and balance of powers; and, finally, will be addressed the violation of the powers of the Constitutional Court against the lack of knowledge of its jurisprudential doctrine by the Congress of the Republic.
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