Approaches to the weighting test in peruvian national jurisprudence
DOI:
https://doi.org/10.15381/lucerna.n5.26870Keywords:
Test de ponderación, razonabilidad, proporcionalidad, idoneidad y necesidadAbstract
In this article we examine how the Peruvian Constitutional Court has imported the theoretical categories of German jurisprudence and then applied them to its cases, precisely the logic of the weighing test, its structure and its solvency format in the face of a case of collision of rights. fundamental. Along these lines, an examination is made of the main jurisprudence that the Constitutional Court has issued, to break into the semantic field of the proportionality test, thus installing a new element to the hegemonic legal culture of our country, finally adopting the test of proportionality. weighting against the ranking test.
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Copyright (c) 2023 Nerio Jorge Callañaupa Escobar
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