fucked up the TC? And the Court
Applied to the Constitutional Court is not so difficult to answer this question vargasllosiana (yes it is, however, if we speak of Peru).
Sunday, October 3, 2010
Imitaciones Tory Burch
some years ago started a new attitude of the judges of the TC, which acquired a more prominent role in the legal world, in particular the influence of a character name and a surname: César Landa Arroyo. It was he who began the period called "academic", well described by Juan Jose Monroy Palacios :
"It was a 'academicism' in quotes, of course, because it was one seriously. What a bargain where he served for some way to improve the qualitative production of the judgments of the TC, where economic and, above all, politically relevant was used to justify any decision in that case, of course, always without causing discomfort to the Executive and interests are directly or indirectly to the former. To this end, it was common that the indiscriminate use deslogans surprised the naive (ie, 'We have experienced a transition from the democratic rule of law to the State Constitutional Law'), but in general, translated into banalities or phrases such as generic hollow contributed little or nothing to the arguments of the case.
Many statements also constituted a mass of quotations from doctrine or foreign judgments, if German were better, if not self-citations (on sentences above) held together by mere logical connectors. Have those who formed the wave "Academic" have any idea or even took care to think about how tricky it is to cite sources for other jurisdictions? It seems not. The result? Long and tedious decisions that only a small percentage of its content to argue dedicaronn clearly had reasoned way how to solve the case.
also qualify 'academicism' in quotes in this period because the TC was controlled by a group of theorists, especially a judge aupado by a Judge / Political undeniable craftiness (already mentioned in the first part of these comments) and several aides who never discovered that the essence of the theory was to improve practice, interact with it, no feedback from knowledge acquired in the board or the manualillo. There was never anything like that. The TC theoretical rather than practical instruction in elementary, transformed his ignorance in contempt and contempt is reflected in an ordinary job, wrong
(...)
But the period "Academic" was not limited to: was also characterized by an abuse (leading to complete denaturation) of the previous technique. Blinded by pride 'academic' who took over in the TC, he began to raise any legal basis for the previous category. Preceding right and left began to flood our legal system, some contradicting each other, others consecrated without proper distribution, others strictly theoretical value, producing an effect opposite to that intended by the TC because, naturally, these factors undermined soon the authority of precedent and, consequently, the function itself TC..
However, this pernicious "academicism" was not the last thing that came to the TC. This body, as we have opportunity to comment, has consistently exceeded their powers, focusing to overwhelm anything less than the branches of government (particularly the judiciary and the Supreme Court, which is probably lower-ranking judges and intellectual ability) and proclaiming, among other things, that their sentences are equivalent to the Constitution itself, that no judge can depart from its previous semi-divine, and even if you do incur any malfeasance (!).
The TC that, unfortunately for us, we now simply has no limits. Does not care, breaks in situations not within its competence, amending the Constitution (the so-called "interpretation of the Constitution by the Constitution" that led him to modify it in the case FETRATEL), makes and breaks rules with the force of law, cancels awards arbitration because it seems that a penalty is "draconian", interprets wills, repealing tariffs. The attitude of the members of this school is typical of those who, enamored of power, only act to have more power. Thus, treating the judges of the judiciary and its subordinate or condition the tariff policy of the Executive intend to tell everyone that nobody is above them, but in reality is quite the opposite, between cacophony and decisions with a very low legal standard which is fully explained because nobody knows where they come most of the current members, " TC has bottomed.
So at what point the TC is fucked? Answer: When its members mistakenly believed two things: i) that all disputes that arise in the legal system must go through the Court (just remember the shameful "constitutional double jeopardy"), and ii) there is limits for action, without any control. But Not only that. Also when pride-especially its current president, Carlos Mesia-trumps common sense.
Still, I'm sure this must come to an end, as I said the beloved Hector. Perhaps in the coming days see a news bomb that will shake even the most staunch defender of the brutal Court. Who knows, maybe Congress is set once and for all pants, and the mechanisms that the Constitution grants, down from his cloud to those who claim to respect constitutional judges.
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