Constitutional Court of Peru

Last updated

Constitutional Court
Tribunal Constitucional
Tribunal Constitucional.png
Casa de Pilatos en Lima 22.jpg
Constitutional Court of Peru
Established1980 (Court of Constitutional Guarantees)
1996 (Constitutional Court)
Location Arequipa (de jure)
Lima (de facto)
Composition method Congress of the Republic of Peru
Authorised by Constitution of Peru
Judge term length5 Years
Number of positions7
Website http://www.tc.gob.pe/
President of the Constitutional Court
Currently Luz Pacheco  [ es ]
Since5 September 2024

The Peruvian Constitutional Court or Constitutional Tribunal [1] is an independent constitutional agency of Peru that was established in the 1979 Constitution of Peru under the name of Court of Constitutional Guarantees. The court's members are nominated and appointed by the Congress of the Republic of Peru.

Contents

The court's historical headquarters are located in the city of Arequipa but its national operative headquarters are located in the capital city of Lima. The Constitutional Court is the highest organ of constitutional control and interpretation in the country. It is an autonomous and independent organ that is only bound by the Peruvian Constitution and its Organic Law – Law N° 28301.

Functions

The Constitutional Court is entrusted with upholding the principle of constitutional supremacy, against the laws or acts of state bodies that seek to undermine it and intervenes to restore respect for the Constitution in general and constitutional rights in particular. The Court is the one specialized organ that is responsible for this type of enforcement. It has the authority to review the adequacy of laws, draft laws and decrees of the executive, conducting a review of the constitutionality of such acts.

According to Kelsen's model, the Constitutional Court acts as a negative legislator, lacking the power to make laws but with the power to repeal all or portions of the unconstitutional laws/acts. More recent theories argue that the task of the Constitutional Court strictly involves judicial functions and resolving constitutional disputes, which may include a review of the performance of the legislature, the protection of fundamental rights and the distribution of powers between the branches of government.

Members

References

  1. ↑ Nollkaemper, Andre (2011). National Courts and the International Rule of Law. Oxford, England: Oxford University Press. p.  203. ISBN   978-0-19-923667-1.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.