Unidad 3 (Sesión 4): Control concentrado: rol del Tribunal Constitucional

Concentrated Constitutional Review in Peru: The Role and Functions of the Constitutional Court In this session, Professor Julia Romero analyzes the role of the Peruvian Constitutional Court as an autonomous body and the highest interpreter of the Constitution, with special emphasis on the process of declaring laws unconstitutional as a mechanism for concentrated constitutional review. She describes the Court's nature as a "negative legislator," its composition of seven justices, and its power to review the legal system with general effects (erga omnes). She also examines the procedural rules of this review, the possibility of modulating the effects of judgments to protect rights in exceptional circumstances, and the coexistence of this model with diffuse constitutional review, which allows ordinary judges to disapply norms incompatible with the Constitution, even if they have not been previously declared unconstitutional. This material is produced by the Association of Judges for Justice and Democracy (JUSDEM) and the Peruvian Association of Women Judges (APMJ), with funding from the Spanish Agency for International Development Cooperation (AECID). Video Chapters 00:00 Introduction 01:25 The Peruvian Constitutional Court 07:32 The Unconstitutionality Process: Procedural Rules 24:51 Can a Law Not Declared Unconstitutional Be Disapplied? 27:29 Key Ideas