Constitutional control over Parliament in Peru according to the conventionality block

Lovatón D. · Estudios Constitucionales (2025) · DOI: 10.4067/s0718-52002025000100179

Resumen

Constitutional control of parliamentary acts is essential for the protection of fundamental rights and supremacy of Constitution. For this reason, the sustained jurisprudence of Peruvian Constitutional Court (TC) has enshrined the principle of prohibition of arbitrariness, by virtue of which, there are no areas exempt from constitutional control. However, a decision from TC in 2023 seems to have taken up the classic theory of “political question”. This article develops the incompatibility of this judicial decision with the Interamerican human rights law which, in Peru, is also part of Constitution.

Instituciones: Pontificia Universidad Católica del Perú