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The Internet as Constitutional Right and Public Utility in Peru: A Critical Perspective

Year: 2024
Type: article
Abstract: This paper examines the recent designation of the internet as a constitutional right in Peruvian law, analyzing the relationship between constitutional rights and public services. Generally, not every constitutional right necessitates the creation of a public utility, nor is every public service inherently tied to a constitutional right. As indicated in the legislative record, the constitutional reform recognizing the internet as a right may not yield the anticipated outcomes. The effectiveness and efficiency of such a service cannot be ensured through legal protection alone. Therefore, the establishment of a public service must be grounded in careful planning and foresight, supported by a reasonableness analysis.
Language: English
Open Access status: diamond
OpenAlex ID: W4404575430
FWCI:
Cites: 10
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Related to: 10