The Use of the Jurisprudence of the Colombian Constitutional Court by the Peruvian Constitutional Court: Towards Judicial Dialogue?

Flores G.R.P. · Revista Derecho del Estado (2024) · DOI: 10.18601/01229893.n58.02

Resumen

In an interdependent world, the use of foreign law by national or domestic courts is a common practice and challenge. Various courts, worldwide, use foreign doctrine and jurisprudence to support their judgments. In that perspective, this paper analyzes the use of the decisions of the Constitutional Court of Colombia by the Peruvian Constitutional Court. In Peru, the Constitutional Court uses the jurisprudence of its Colombian counterpart in two ways: (1) binding use: the ruling refers to a category or figure developed by the Colombian court and is mentioned in the operative part, i.e., it conditions the meaning of the judgment and (2) incidental use: the ruling uses for illustrative purposes a category or figure developed by the Colombian court and is not mentioned in the operative part, therefore, it does not condition the meaning of the decision. Finally, from the above, both courts have generated a kind of dialogue around the protection of rights, because figures or categories such as the unconstitutional state of affairs, a creation of the Colombian court, are used by the Peruvian court, in addition, this court uses the decisions of its Colombian counterpart more frequently.

Instituciones: Universidad Nacional del Altiplano