Constitutional Court of Peru

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. == Controversy ==

Seat nominations 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. Legislators have attempted to nominate members of the Constitutional Court who would serve their political interests. Rulings 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". 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. 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. 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. ==Members==

• Justice: (President) • Justice: Helder Domínguez Haro (Vice President) • Justice: • Justice: Luis Gutiérrez Ticse • Justice: César Ochoa Cardich • Justice: Manuel Monteagudo Valdez ==References==