The new constitutional amendment clause after the reinstatement of bicameralism in Peru: The case of an unconstitutional constitutional amendment?

Valdivia Aguilar T.; Flores Elías V. · Revista Derecho del Estado (2025) · DOI: 10.18601/01229893.n63.10

Resumen

This research assesses the amendment introduced by Law No. 31988, which reinstates the bicameral model in Peru and amends Article 206 of the Constitution. From a dogmatic approach and an analysis of relevant jurisprudence from the Peruvian Constitutional Tribunal, this work questions whether the amendment can be considered unconstitutional, due to its impacts on the formal and material limits to the Derived Constituent Power. It is argued that while the amendment was approved according to the procedure established in current article 206°, its legitimacy is challenged by the lack of a referendum for its approval and, substantively, by the shift from a reasonably flexible procedure for constitutional reform to a rigid one. © This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Instituciones: Universidad Católica San Pablo