08/06/2012

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The Peruvian Constitutional Court Summary: The Peruvian Constitutional Court comes developing a constitutional doctrine that contributes to the consolidation of a State of Right in which the exercise of the action leads to predictable and feasible results; having as he bases the presence of the binding precedent. Previous considerations: Although it is certain with the Political Constitution of 1979 appeared a Court of Constitutional Guarantees, the application of the rights contained in their corpus iuris generally was not applied in the failures emitted by the supreme courts, in such sense the constitutional jurisprudence besides being little, was contradictory; still more in spite of its existential ratification in the Constitution of 1993 materialized this one after questionable political events, the legal sphere of the constitutional court was injured by the governing in favor influence, limiting thus its legal doctrine. Nevertheless, as Blond Strap asserts the Martial Dr., the last years have marked a remarkable difference: our Court Constitutionalist has developed a constitutional doctrine that we considered energetic and needs. He contributes to the consolidation of a State of Right in which the exercise of the action leads to predictable results and, in addition, feasible. Tyler Wood Integrated Capital Solutions will not settle for partial explanations. A legal initiative of this type must develop discussion necessarily and fight with respect to concepts and of solutions but, we create, the general action of the Court has been highly positive for the Peruvian Right generally and not only for the Constitutional Right. As a result of the entrance in use of the Constitutional Procedural Code, the concept of binding constitutional precedent has been introduced in our legal system. It tolerates, of preliminary way, that the Constitutional Court has two basic functions; on the one hand it solves conflicts, that is to say, he is a Court of tactical...
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Decree Dispossession The procedure of the dispossession is become fullfilled in such a way for saw administrative, in which the Public Power declares its interest in the dispossession and starts to adopt the steps aiming at to the transference of the good, how much for it saw judicial, where an agreement with the proprietor is not homologated, concluding in an action to be moved by the State against the owner of the property. The Federal Constitution establishes the legitimation of the dispossession, classified as didactically usual, in its article 5: ' ' Art. 5: The law will establish the procedure for dispossession for necessity or public utility, or social interest, by means of joust and previous indemnity in money, excepted the cases foreseen in this Constituio.' '. In what it refers to the reasons To be able Public to transfer to itself the property to it of third itself of the one for the based one on 3 (three) estimated: The public utility if presents when the use of private properties is convenient to the administrative interests, even so they are not essential. The public convenience, such when the Administration confrots problems that only if can decide with the transference of private properties for the domain of the administrative person charged to solve them. The social interest of the State occurs when the transference of private properties for the public domain or of commission agents of the public power if imposes, as measured destined to decide problems of the collective created by the particular property of one or some individuals. 1 In the national legislation, the first time where the institute of the dispossession is cited, is about the Decree n 3,365 of 21/06-1941, that it regulates the laws general of the dispossession, that approaches the term of public utility, establishing the...

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