Bibliographic citations
Rojas, P., (2024). La implementación de la cuestión de inconstitucionalidad a cargo del Tribunal Constitucional en el sistema de control constitucional peruano [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/27700
Rojas, P., La implementación de la cuestión de inconstitucionalidad a cargo del Tribunal Constitucional en el sistema de control constitucional peruano []. PE: Pontificia Universidad Católica del Perú; 2024. http://hdl.handle.net/20.500.12404/27700
@mastersthesis{renati/535572,
title = "La implementación de la cuestión de inconstitucionalidad a cargo del Tribunal Constitucional en el sistema de control constitucional peruano",
author = "Rojas Silva, Piero Angello",
publisher = "Pontificia Universidad Católica del Perú",
year = "2024"
}
This thesis work specifically analyzes constitutional control, on the one hand, diffuse constitutional control and concentrated constitutional control on the other, in order to be clear about both concepts, in addition to briefly studying the type of constitutional control that we have in Latin America, as well as the one that works in Europe. This research work also analyzes constitutional control carried out in our country, briefly reviewing its origins, up to the present, for which after analyzing the current constitutional framework regarding the diffuse control carried out by the Supreme Court of Justice of the Republic, in addition to noticing serious deficiencies in terms of said constitutionality, we propose that the figure of the Question of Unconstitutionality in charge of the Constitutional Court be implemented in our country, which from our position, has been working adequately in Spain, a country from which we have inherited and have as a great reference part of its legal institutions, and in particular in what refers to constitutional control. Thus, we maintain that the implementation of the question of unconstitutionality in charge of the Constitutional Court is viable, since the Supreme Court has evidenced a deficit in terms of the work of constitutionality control, having identified its problem in the provisionality of the supreme judges that make up the Constitutional Chambers, in addition to the transience of these Chambers. Therefore, we consider it viable that the Constitutional Court can carry out the task of carrying out constitutional control regarding cases where an ordinary judge has a doubt regarding the constitutionality of a norm in a specific case, and that the Constitutional Court, through a sentence, determines the corresponding ones and that the effects of its sentence where the Question of Unconstitutionality has been raised, has erga omnes effects, and can expel the unconstitutional norm if it is the case or, on the contrary, ratify the constitutional one ity of the norm in question.
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