Constitutional Control, Reconfiguration and Orientation of Public Policies Involving Fundamental Rights. Formulas Used by the Peruvian Constitutional Court

Franco García D.; Bazán Guzmán C. · Revista Derecho del Estado (2026) · DOI: 10.18601/01229893.n66.08

Resumen

In neoconstitutionalism, the constitutional judiciary assumes an important role in the protection of the rights recognized in the Constitution as well as in the International Treaties on Human Rights signed and ratified by the States. In this sense, it must be considered that every Constitutional State of Law that conforms to the Inter-American Human Rights System assumes the duty to respect and the obligation to guarantee the rights enshrined in the American Convention on Human Rights. The effectiveness of all these rights and, consequently, the fulfillment of the agreed obligations requires –most of them– the adequate design and effective implementation of public policies. Although the constitutional justice system is not responsible for this task, this has not prevented the Peruvian Constitutional Court from getting involved in government policies that affect the exercise of rights. The purpose of this paper is to analyze the legitimacy and limits of the participation of the Peruvian Supreme Constitutional Interpreter in the control, reconfiguration and orientation of such policies. To this end, it will examine the jurisprudential mechanisms used in the cases submitted to its jurisdiction to verify that state policies do not transgress constitutional or conventional rights. This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. https://creativecommons.org/licenses/by-nc-sa/4.0/

Instituciones: Universidad Católica San Pablo