The Unconstitutionality by Omission and the Control Mechanisms in Peru from the Comparative Approach

Gonzáles J.R.C. · Cuestiones Constitucionales (2024) · DOI: 10.22201/iij.24484881e.2024.50.18803

Resumen

The present work aims to offer an overview of what the treatment of legislative omissions by the Peruvian constitutional justice has meant, in which, although an institute such as unconstitutionality by omission is not regulated, the Constitutional Court, through its jurisprudence, has been in charge of introducing this figure into our legal system. However, despite not being a mechanism usually used by the constitutional judge, its relevance regains prominence, when resorting to legal tools that are equally suitable, but foreign, such as the unconstitutional state of affairs; which leads us to ask ourselves if a constitutional or legal regulation is pertinent; question that will lead us to the analysis of comparative treatment.

Instituciones: Universidad Tecnológica del Perú