The Influence of Non-Judicial Actors in the Interpretative Process of the Constitution - Two Experiences : The United States of America and Peru
Making a comparison between the Constitution of the United States and the Constitution of Peru might seem an unfair task at first because the regulative nature of both Constitutions makes their differences, fundamental. The Peruvian Constitution regulates a State with a unitary government while the United States Constitution regulates a series of independent States with their own independent laws and Constitutions. Constitutional interpretation in the American case, then, is done at two different levels: On the one hand, the Constitution that rules the Union, the US Constitution and, on the other hand, the sovereign Constitutions of each State. In the evaluation of both interpretative systems, we will start by a brief description of the nature of the Constitution as a legal document and by explaining its background. We will also explain what the Courts' role is in the interpretative process, explaining if there are other relevant actors in the process. We will focus on the evaluation of the interpretive power of the non-judicial actors in the US Constitution, if they have any, as well as the same model regarding the Peruvian Constitution. We will see that, in both cases, even if it was not previously established explicitly, people have an interpretative role of the Constitution, in ways as cleared as by representation – through the Congress – as in a more personal way, through legitimized social actors
Year of publication: |
2016
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Authors: | Noles Cotito, Mariela Ines |
Publisher: |
[2016]: [S.l.] : SSRN |
Subject: | USA | United States | Peru | Verfassung | Constitution |
Saved in:
freely available
Extent: | 1 Online-Ressource (13 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments December 1, 2011 erstellt |
Other identifiers: | 10.2139/ssrn.2073595 [DOI] |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10013008095
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