El Tribunal Constitucional y las exhortaciones al legisladorel caso peruano
ISSN: 0122-9893, 2346-2051
Year of publication: 2011
Issue: 27
Pages: 153-176
Type: Article
More publications in: Revista Derecho del Estado
Abstract
Since very decades ago, European constitutional courts have developed intermediate judgments, like interpretative, manipulative, additive and exhortative decisions. All these new varieties of judgments are present also in other countries like Peru, whose Constitutional Court usually includes exhortations in order to persuade legislator to modificate or create new laws. The purpose of this essay is to analyze the principal problems that these messages offers, noticing its risks, limits and benefits, and has been elaborated using Peruvian jurisprudence and also the European experience, specially the Spanish one.