El imperativo categórico en el test de proporcionalidad y la debida motivación en sentencias del Tribunal Constitucional peruano

Abstract

This research determined that the application of the categorical imperative helps to improve the motivation of the cases in which the Constitutional Court applies the balancing. When in a case, two constitutional principles are in conflict, to resolve the case, the Constitutional Court must make one prevail and if it decides to apply the balancing, it would improve the motivation if it includes a philosophical element such as the categorical imperative whose nature is in force and thus questions about the arbitrariness of the decision would be avoided or reduced. Thirty-five judgments of the Constitutional Court have been taken as a sample in which the balancing has been applied and in which we have inserted the categorical imperative in their motivation, improving their motivation. It concluded that applying the categorical imperative in the motivation of the balancing contributes to the motivation of the sentences in which the balancing has been applied.