1. Derecho a la pluralidad de instancias: Análisis crítico sobre la Regulación del Amparo Electoral ante las Resoluciones del Jurado Nacional Electoral de Perú.
- Author
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Reyes-Pastor, Graciela Esther, Palacios-Bran, Roberto Alejandro, Lozano Peralta, Raúl Yván, and Lozano-Ramírez, Zoila Cristina
- Subjects
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ELECTIONS , *POLITICAL rights , *JURISPRUDENCE , *POLITICAL participation , *POLITICAL organizations , *CONSTITUTIONAL courts , *CIVIL rights , *CITIZENS , *VOTER turnout , *CHILDREN'S rights - Abstract
This papers aims the unconstitutionality of articles 142º and 181º of the Political Constitution of Peru, regarding the irreversible and unchallengeable nature of the resolutions issued by the National Election Jury, through the legal institution of electoral protection, whose main purpose of challenging the final decisions of said electoral body against violations of citizens' political rights, such as political participation in electoral acts, due to the processes of registration of candidacies for the election of positions of popular mandate, in the counting process and in the proclamation of results, as well as in the registration process of political organizations. For this, we will expose, in the light of the interpretations of legal philosophy, the seven most important constitutional rulings of the Constitutional Court in matters of electoral protection, understood as a human right to free choice, which must be respected by all. It concludes on the relevance of the control of constitutionality before the actions of the National Election Jury, always having as its north the legitimate and legal practice of elections, as a guarantee of protection of the constitutional and democratic rights of all individuals. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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