The scope of the common good in Peruvian constitutional jurisprudence: An examination of compatibility between John Finnis’s contributions and the Peruvian Constitutional Court; [O escopo do bem comum na jurisprudência constitucional peruana: um exame da compatibilidade entre as contribuições de John Finnis e o Tribunal Constitucional do Peru]

Begazo Cáceres A. · Revista Oficial del Poder Judicial (2024) · DOI: 10.35292/ropj.v16i22.1016

Resumen

This research aims to examine whether the concept of the common good developed in the jurisprudence of the Peruvian Constitutional Court is compatible with John Finnis’s notion of the “common good.” As a starting point, through an axiological review, we will establish Finnis’s concept of the common good, which, based on a reinterpretation of Aristotelian-Thomistic principles, offers a broad perspective on the matter with clear applications in political and legal practical behavior. We will then focus on a dogmatic review of the concept of the political common good and its most relevant relationships based on the scope of Peruvian constitutional jurisprudence. Finally, we will evaluate whether it is possible to establish compatibility between these two notions, with the aim of clarifying and expanding jurisprudential principles using the criteria developed by the author under analysis.

Instituciones: Universidad Católica San Pablo