LA INTERPRETACIÓN CONSTITUCIONAL: Oportunidad - TC # 344

Summary

In this episode of 'Tribuna Constitucional,' Guido Aguilar discusses the complexities of constitutional interpretation, focusing on the role of constitutional courts in defining key legal concepts. He explores the example of the 'permanent moral incapacity' clause in the Peruvian Constitution and how the Constitutional Court addresses ambiguous or undefined terms. Aguilar emphasizes that constitutional interpretation is a posteriori, occurring after legal challenges or demands. The discussion highlights the importance of judicial review in resolving legal ambiguities and the limitations of the court's role in preemptively defining constitutional terms.

Takeaways

• 😀 The topic of legal interpretation is an ongoing and unresolved issue, with debates tracing back to Giovanni Tarelo's efforts to establish legal interpretation canons.
• 😀 The interpretation of constitutional law is particularly complex due to the presence of indeterminate legal concepts, making constitutions imprecise by nature.
• 😀 The need for constitutional development laws and jurisprudence forms the so-called 'block of constitutionality' in various countries.
• 😀 In many countries, the final interpreter of the Constitution is the Supreme Court or a similar institution, such as the Constitutional Court or Tribunal.
• 😀 There is confusion about when constitutional interpretation should occur, especially concerning whether it should be done proactively or reactively.
• 😀 The principle of the separation of powers is not absolute; the legislative, executive, and judicial branches are interdependent, and their functions must complement one another.
• 😀 The judiciary, particularly the constitutional court, operates reactively, stepping in only when issues arise, such as constitutional conflicts or irregularities.
• 😀 The Peruvian constitutional case regarding the presidential vacancy due to 'permanent moral incapacity' illustrates the tension between legal and political expectations.
• 😀 The Constitutional Court does not preemptively define concepts like 'permanent moral incapacity'; it reacts to specific legal challenges or demands for interpretation after legislative action.
• 😀 Constitutional interpretation should be based on concrete legal challenges rather than abstract analysis, ensuring decisions are rooted in real issues and disputes.
• 😀 The interpretation of constitutional declarations provides a framework for decision-making, while interpreting mandates focuses on assessing legality and proportionality, ensuring a balanced response.

Q & A

What is the main topic discussed in the script?

The main topic of the script is the concept of constitutional interpretation, specifically focusing on when and how constitutional interpretation should take place.

Who are the key figures mentioned in the script regarding the topic of legal interpretation?

Giovanni Tarelo is mentioned for his efforts to establish canons for interpreting the law. Additionally, various high courts such as the Constitutional Court in Peru, Argentina, Uruguay, and other countries are referenced.

What is the significance of the term 'incapacidad moral permanente' in the Peruvian Constitution?

The term 'incapacidad moral permanente' (permanent moral incapacity) refers to one of the causes for presidential vacancy in the Peruvian Constitution. The script discusses the challenges of interpreting this term, especially in the context of political instability.

What does the script suggest about the role of the Constitutional Court in interpreting the Constitution?

The script suggests that the Constitutional Court acts as the final interpreter of the Constitution. However, it clarifies that constitutional interpretation typically occurs after a legal dispute has arisen and not as a proactive, a priori action.

Why did the Constitutional Court not define 'incapacidad moral permanente' in its 2020 ruling?

The Constitutional Court did not define 'incapacidad moral permanente' in its 2020 ruling, leading to criticism from various sectors. The script suggests that the court's role is not to define such terms in advance, but rather to assess them after a legal challenge has been made.

What is the relationship between the executive, legislative, and judicial powers in interpreting laws according to the script?

The script explains that the executive, legislative, and judicial powers have distinct roles. The legislative power creates laws, the executive issues regulations, and the judiciary, including the Constitutional Court, evaluates the constitutionality of laws and decisions.

How does the script describe the process of constitutional interpretation in relation to political decisions?

The script emphasizes that constitutional interpretation is typically a post facto process, meaning it comes after a law or decision has been enacted or challenged, not before. This ensures that interpretation is based on specific cases and issues, rather than theoretical or abstract definitions.

What are the three key moments in constitutional interpretation outlined in the script?

The script outlines three key moments for constitutional interpretation: 1) when a demand for interpretation arises, 2) when a decision or action has been taken by the legislature, and 3) when the judiciary evaluates the reasonability and proportionality of the actions based on the Constitution.

What does the script imply about the nature of the judiciary's role in constitutional matters?

The script suggests that the judiciary, including the Constitutional Court, has a role of resolving constitutional issues after they arise, through a process of evaluating the constitutionality of actions or laws, rather than proactively interpreting the Constitution.

How does the script view the idea of interpreting the Constitution article by article?

The script rejects the idea of interpreting the Constitution article by article in an abstract way. It argues that constitutional interpretation should occur in response to specific cases or challenges, rather than as a broad, a priori task.