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The Peruvian Constitutional Court or Constitutional Tribunal[1] is an independent constitutional agency of Peru that was established in the 1993 Constitution of Peru that was created during the government of Alberto Fujimori. The court's members are nominated by the Congress of Peru; these nominations sometimes lack transparency and are based on political favors that nominees can provide to legislators.[2][3][4] Since May 2022, the Constitutional Court has been used to provide institutional strength to Fujimorists in Congress, according to IDL-Reporteros.[5]
Constitutional Court
Tribunal Constitucional
Established
1980 (Court of Constitutional Guarantees) 1996 (Constitutional Court)
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.
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.
Controversyedit
Seat nominationsedit
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.[3][4][6] Legislators have attempted to nominate members of the Constitutional Court who would serve their political interests.[4][3] In May 2022, six of seven members of the court were replaced by Congress in a process that lacked transparency according to Human Rights Watch.[2][7] Following these nominations, the Constitutional Court began to serve on behalf of the 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 control governmental institutions.[8]
Rulingsedit
Human Rights Watch stated that in 2022, the Constitutional Court "issued several rulings that were inconsistent with international human rights standards, including on same-sex marriage, Indigenous rights, and justice for crimes against humanity".[2] The court ruled in February 2022 that the killing of 113 prisoners in 1986 by Navy officers was not a crime against humanity.[2] In March 2022, the Constitutional Court ruled that controversial 2017 presidential pardon of Alberto Fujimori, who was imprisoned for human rights abuses, 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, saying that Fujimori 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]
Membersedit
Justice: Francisco Morales Saravia (President)
Justice: Luz Pacheco Zerga (Vice President)
Justice: Luis Gutiérrez Ticse
Justice: Helder Domínguez Haro
Justice: César Ochoa Cardich
Justice: Manuel Monteagudo Valdez
Referencesedit
^Nollkaemper, Andre (2011). National Courts and the International Rule of Law. Oxford, England: Oxford University Press. p. 203. ISBN978-0-19-923667-1.
^ abcSalazar, Elizabeth (24 June 2021). "Intereses privados y denuncias de parcialidad empañan elección de miembros del TC". Ojo Público (in Spanish). Retrieved 9 March 2023.
^ abcPública, Agenda. "Elección de miembros del TC: un asalto precario a la democracia peruana". El Pais (in Catalan). Retrieved 9 March 2023.
^ ab"Ni siquiera topo: apenas tapón". IDL-Reporteros (in Spanish). 22 May 2023. Retrieved 26 May 2023.
^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.
^"Ni siquiera topo: apenas tapón". IDL-Reporteros (in Spanish). 22 May 2023. Retrieved 26 May 2023.
^Vega, Renzo Gómez (29 July 2023). "US Democrats pressure President Dina Boluarte over Peru's human rights violations". El País. Retrieved 30 July 2023.
^ abRochabrun, Marcelo; Aquino, Marco (18 March 2022). "Peru court rules polarizing ex President Fujimori can leave prison". Reuters. Retrieved 9 March 2023.
^Aquino, Marco (31 March 2022). "Peru should not release jailed ex-President Fujimori, says Inter-American Court". Reuters. Retrieved 9 March 2023.
^"IACHR Concerned About Peru's Constitutional Court Decision Affecting the Rights of Indigenous Peoples". www.oas.org (in Spanish). Retrieved 9 March 2023.
^Romero, César. "Tribunal Constitucional falla a favor del Congreso, que tendrá un poder absoluto y sin control judicial". La República (in Spanish). Retrieved 2 March 2023.
^Romero, César. "El Tribunal Constitucional está destruyendo el régimen democrático del país". La República (in Spanish). Retrieved 2 March 2023.
External linksedit
Official Website of the Constitutional Tribunal of Peru
December 01, 2023
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You can help expand this article with text translated from the corresponding article in Spanish October 2013 Click show for important translation instructions Machine translation like DeepL or Google Translate is a useful starting point for translations but translators must revise errors as necessary and confirm that the translation is accurate rather than simply copy pasting machine translated text into the English Wikipedia Consider adding a topic to this template there are already 5 138 articles in the main category and specifying topic will aid in categorization Do not translate text that appears unreliable or low quality If possible verify the text with references provided in the foreign language article You must provide copyright attribution in the edit summary accompanying your translation by providing an interlanguage link to the source of your translation A model attribution edit summary is Content in this edit is translated from the existing Spanish Wikipedia article at es Tribunal Constitucional del Peru see its history for attribution You should also add the template Translated es Tribunal Constitucional del Peru to the talk page For more guidance see Wikipedia Translation The Peruvian Constitutional Court or Constitutional Tribunal 1 is an independent constitutional agency of Peru that was established in the 1993 Constitution of Peru that was created during the government of Alberto Fujimori The court s members are nominated by the Congress of Peru these nominations sometimes lack transparency and are based on political favors that nominees can provide to legislators 2 3 4 Since May 2022 the Constitutional Court has been used to provide institutional strength to Fujimorists in Congress according to IDL Reporteros 5 Constitutional CourtTribunal ConstitucionalEstablished1980 Court of Constitutional Guarantees 1996 Constitutional Court LocationArequipa de jure Lima de facto Composition methodCongress of the Republic of PeruAuthorized byConstitution of PeruJudge term length5 YearsNumber of positions7Websitehttp www tc gob pe President of the Constitutional CourtCurrentlyFrancisco Morales SaraviaSince5 September 2022The 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 Contents 1 Functions 2 Controversy 2 1 Seat nominations 2 2 Rulings 3 Members 4 References 5 External linksFunctions editThe 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 Controversy editSeat nominations edit nbsp Members of the United States Congress expressing concern about Constitutional Court nominees in a 2023 letterCongress 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 3 4 6 Legislators have attempted to nominate members of the Constitutional Court who would serve their political interests 4 3 In May 2022 six of seven members of the court were replaced by Congress in a process that lacked transparency according to Human Rights Watch 2 7 Following these nominations the Constitutional Court began to serve on behalf of the 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 control governmental institutions 8 Rulings edit Human Rights Watch stated that in 2022 the Constitutional Court issued several rulings that were inconsistent with international human rights standards including on same sex marriage Indigenous rights and justice for crimes against humanity 2 The court ruled in February 2022 that the killing of 113 prisoners in 1986 by Navy officers was not a crime against humanity 2 In March 2022 the Constitutional Court ruled that controversial 2017 presidential pardon of Alberto Fujimori who was imprisoned for human rights abuses 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 saying that Fujimori 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 editJustice Francisco Morales Saravia President Justice Luz Pacheco Zerga Vice President Justice Luis Gutierrez Ticse Justice Helder Dominguez Haro Justice Cesar Ochoa Cardich Justice Manuel Monteagudo ValdezReferences edit Nollkaemper Andre 2011 National Courts and the International Rule of Law Oxford England Oxford University Press p 203 ISBN 978 0 19 923667 1 a b c d e Peru Events of 2022 Human Rights Watch 12 January 2023 retrieved 9 March 2023 a b c Salazar Elizabeth 24 June 2021 Intereses privados y denuncias de parcialidad empanan eleccion de miembros del TC Ojo Publico in Spanish Retrieved 9 March 2023 a b c Publica Agenda Eleccion de miembros del TC un asalto precario a la democracia peruana El Pais in Catalan Retrieved 9 March 2023 a b Ni siquiera topo apenas tapon IDL Reporteros in Spanish 22 May 2023 Retrieved 26 May 2023 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 Ni siquiera topo apenas tapon IDL Reporteros in Spanish 22 May 2023 Retrieved 26 May 2023 Vega Renzo Gomez 29 July 2023 US Democrats pressure President Dina Boluarte over Peru s human rights violations El Pais Retrieved 30 July 2023 a b Rochabrun Marcelo Aquino Marco 18 March 2022 Peru court rules polarizing ex President Fujimori can leave prison Reuters Retrieved 9 March 2023 Aquino Marco 31 March 2022 Peru should not release jailed ex President Fujimori says Inter American Court Reuters Retrieved 9 March 2023 IACHR Concerned About Peru s Constitutional Court Decision Affecting the Rights of Indigenous Peoples www oas org in Spanish Retrieved 9 March 2023 Romero Cesar Tribunal Constitucional falla a favor del Congreso que tendra un poder absoluto y sin control judicial La Republica in Spanish Retrieved 2 March 2023 Romero Cesar El Tribunal Constitucional esta destruyendo el regimen democratico del pais La Republica in Spanish Retrieved 2 March 2023 External links editOfficial Website of the Constitutional Tribunal of Peru Retrieved from https en wikipedia org w index php title Constitutional Court of Peru amp oldid 1168617785, wikipedia, wiki, book, books, library,
