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José Arturo Tovar Peel v. Legislative Assembly
El Salvador Supreme Court
Unconstitutionality Complaint 53-2012 (2015)
- Written by Whitney Waldenberg, JD
Facts
José Arturo Tovar Peel (plaintiff) filed a constitutional suit with the El Salvador Supreme Court, seeking a declaration of unconstitutionality on account of total omission against the El Salvador legislature (defendant) for the legislature’s failure to enact laws that regulate the right to moral damages guaranteed by the El Salvador constitution. Tovar Peel asserted that lawmakers had failed to spell out how to assert a claim for compensation for moral harm, despite an implied directive from the constitution. In response, the attorney general pointed to several statutes that purportedly governed the recovery of moral damages.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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