Constitutional Court of Peru

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Constitutional Court
Tribunal Constitucional

Map
Established1980 (Court of Constitutional Guarantees)
1996 (Constitutional Court)
LocationArequipa (de jure)
Lima (de facto)
Composition methodCongress of the Republic of Peru
Authorized byConstitution of Peru
Judge term length5 Years
Number of positions7
Websitehttp://www.tc.gob.pe/
President of the Constitutional Court
CurrentlyFrancisco Morales Saravia [es]
Since5 September 2022

The Peruvian Constitutional Court or Constitutional Tribunal

Fujimorists in Congress, according to IDL-Reporteros.[5]

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

legislature
, the protection of fundamental rights and the distribution of powers between the branches of government.

Controversy

Seat nominations

Members of the United States Congress expressing concern about Constitutional Court nominees in a 2023 letter

Congress, which is primarily filled with opportunistic politicians that are not linked to Peruvian society, has attempted to manipulate court nominations in order to achieve political objectives.

Fujimorist interests within Congress.[5]

In response to the nominations in the context of the

Peruvian political crisis, fifteen members of the United States Congress expressed concerns about reports of the Congress of Peru attempting to control governmental institutions.[8]

Rulings

crime against humanity.[2] In March 2022, the Constitutional Court ruled that the controversial 2017 presidential pardon of Alberto Fujimori, who was imprisoned for human rights abuses, should be reinstated.[9] The pardon was performed by Pedro Pablo Kuczynski, with the Mamanivideos scandal showing that he had agreed to pardon Fujimori for the political favor of avoiding impeachment.[9] The Inter-American Court of Human Rights (IACHR) denounced the move by the Constitutional Court, stating that Fujimori should remain in prison.[10] A month later in April, the IACHR also condemned the Constitutional Court's decision to allow the government to take indigenous land without first consulting them or obtaining consent.[2][11]

A ruling in February 2023 by the Constitutional Court of Peru, whose members are elected by Congress, removed judicial oversight of Congress, essentially giving Congress absolute control of Peru's government.[12][13]

Members

References

  1. ISBN 978-0-19-923667-1
    .
  2. ^ a b c d e "Peru: Events of 2022", Human Rights Watch, 12 January 2023, retrieved 9 March 2023
  3. ^
    Ojo Público
    (in Spanish). Retrieved 9 March 2023.
  4. ^
    El Pais
    (in Catalan). Retrieved 9 March 2023.
  5. ^ a b "Ni siquiera topo: apenas tapón". IDL-Reporteros (in Spanish). 22 May 2023. Retrieved 26 May 2023.
  6. ^ Augusto, Maria Claudia (30 April 2022). "Politicised Constitutional Courts in Latin America: Lessons From Peru". International Public Policy Review. University College London. Retrieved 9 March 2023.
  7. ^ "Ni siquiera topo: apenas tapón". IDL-Reporteros (in Spanish). 22 May 2023. Retrieved 26 May 2023.
  8. ^ Vega, Renzo Gómez (29 July 2023). "US Democrats pressure President Dina Boluarte over Peru's human rights violations". El País. Retrieved 30 July 2023.
  9. ^ a b Rochabrun, Marcelo; Aquino, Marco (18 March 2022). "Peru court rules polarizing ex President Fujimori can leave prison". Reuters. Retrieved 9 March 2023.
  10. ^ Aquino, Marco (31 March 2022). "Peru should not release jailed ex-President Fujimori, says Inter-American Court". Reuters. Retrieved 9 March 2023.
  11. ^ "IACHR Concerned About Peru's Constitutional Court Decision Affecting the Rights of Indigenous Peoples". www.oas.org (in Spanish). Retrieved 9 March 2023.
  12. La República
    (in Spanish). Retrieved 2 March 2023.
  13. La República
    (in Spanish). Retrieved 2 March 2023.

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=Constitutional_Court_of_Peru&oldid=1213235579"