HISTORICAL EVOLUTION OF JUDICIAL RATIFICATIONS IN THE PERUVIAN CONSTITUTIONAL ORDER OF THE 20TH CENTURY

Siles A. · Historia Constitucional (2024)

Resumen

Periodic judicial ratifications, a singular institution of Peruvian constitutionalism, are examined in their historical evolution, as a necessary means for a full understanding of some of its essential features today. The article presents information and analysis normally neglected, as a way to contribute to the academic debate. It shows a path of slow regulatory progression towards greater guarantees, usually flouted in practice. It also reveals the change from a mechanism of «expression of confidence» to the judge towards one of «constant evaluation» of his suitability. This allows the rather recent transition towards more objective and technical evaluations. Or, eventually, towards an upcoming absorption or replacement by the judicial disciplinary function.

Instituciones: Pontificia Universidad Católica del Perú