Constitutional Court of Peru
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| Tribunal Constitucional" Constitutional Court | |
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| Established | 1980 (Court of Constitutional Guarantees) 1996 (Constitutional Court) |
| Location | Arequipa, Peru |
| Composition method | Congress of the Republic of Peru |
| Authorised by | Constitution of Peru |
| Judge term length | 5 Years |
| Number of positions | 7 |
| Website | http://www.tc.gob.pe/ |
| President of the Constitutional Court | |
| Currently | Manuel Miranda Canales |
| Since | 2016 |
The Peruvian Constitutional Court or Constitutional Tribunal[1] is an independent constitutional agency of Peru. Its official headquarters are in the city of Arequipa, but it has the power to hold hearings in any other city.
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
- President: Manuel Miranda Canales
- Vice President: Marianella Ledesma Narváez
- Magistrate: Óscar Urviola Hani
- Magistrate: Ernesto Blume Fortini
- Magistrate: Carlos Ramos Núñez
- Magistrate: José Luis Sardón de Taboada
- Magistrate: Eloy Espinosa-Saldaña Barrera
References
- ^ Nollkaemper, Andre (2011). National Courts and the International Rule of Law. Oxford, England: Oxford University Press. p. 203. ISBN 978-0-19-923667-1.