Problemática constitucional del estado de emergencia en Perú: Algunas cuestiones fundamentales

The article shows that the use of the state of emergency is “normalized” in Peru. It analyzes the deficiencies of the applicable legislation and, in particular, its fragmentary, incomplete and lack of sistemacity character, as well as the insufficiency of constitutional precedents. It proposes an amendment of the Constitution to regulate three types of regime of exception, instead of two, to include the state of alarm as an independent regime as it exists in other constitutional governments. It suggests to include more effective controls on the auto-investiture model for the declaration of the state of emergency and the assumption of exceptional faculties by the executive. It defends an analysis of the grounds for the emergency in light of the International Human Rights Law to demand the existence of a situation that affects the national life (an “existential threat”). And it intends a strict compliance with the principle of temporality through an adaptation of the principle of “supermajoritarian escalator” as stated by Bruce Ackerman.