THE DECAY OF DIFFUSE CONSTITUTIONAL CONTROL BY ADMINISTRATIVE COURTS IN A CONSTITUTIONAL STATE OF LAW

Abstract

This essay analyzes the jurisprudence of the Constitutional Court of Peru regarding the denial of diffuse constitutional control by the public administration (Judgment of the file 04293-2012-PA / TC / Consorcio Requena Case). This decision changes the binding precedent of the Constitutional Court (file 3741-2004-PA / TC) by which every court or collegiate body of the public administration had the duty to prefer the Constitution over an infra constitutional provision. According to an interpretation of the Constitution, not only does the Judicial Power exercise jurisdictional functions, but also other public entities that exercise administrative functions, as they have powers to decide intersubjective conflicts raised by the administrations and have powers to impose sanctions and limit rights, with the authority of matter determined.