The Peruvian Constitutional Court or Constitutional Tribunal is an independent constitutional agency of

Peru , image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = Seal (emblem), National seal , national_motto = "Fi ...

. Its historical headquarters are located in the city of

Arequipa Arequipa (; Aymara and qu, Ariqipa) is a city and capital of province and the eponymous department of Peru. It is the seat of the Constitutional Court of Peru and often dubbed the "legal capital of Peru". It is the second most populated city ...

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 A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

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 Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dir ...

, 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 A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...

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

Members

* Justice: Francisco Saravia Morales (President) * Justice: Luz Pacheco Zerga (Vice President) * Justice: Luis Gutiérrez Ticse * Justice: Helder Domínguez Haro * Justice: César Ochoa Cardich * Justice: Manuel Monteagudo Valdez * Justice: Augusto Ferrero Costa

References

External links

Official Website of the Constitutional Tribunal of Peru
{{Authority control

Judiciary of Peru