Abstract

CASTRO CRUZAIT, Karin. The Constitutional Court and the Exhortations to the Legislator: the Peruvian Case. Rev. Derecho Estado [online]. 2011, n.27, pp.153-176. ISSN 0122-9893.

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.

Keywords : Exhortations to the legislator; intermediate decisions; Peruvian Constitutional Court; Spanish Constitutional Court; control of constitutionality.

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