The debate around the constitutional control of treaties in Peruvian law (1979-‍2019)

Authors

  • Óscar Andrés Pazo Pineda‍ Universidad de San Martín de Porres

DOI:

https://doi.org/10.18042/cepc/aijc.26.04

Abstract

The constitutions of 1979 and 1993 marked the era of the opening of the Peruvian order to international law. In this way, novel clauses were incorporated, and they regulated, for example, the range of treaties, the right to access before international organizations or courts, and what was the role of the operator in noting that an international law instrument was contrary to some municipal law. However, one of the issues that has gone unnoticed is related to the constitutional control of treaties. Peruvian constitutions have ranged from establishing the lack of jurisdiction of the courts to hear this type of case, to the contrary formula of giving the Constitutional Court the possibility of examining claims against treaties in force. This article seeks to explore the reasons that prompted the constituents to adopt these formulas, and what reforms are necessary to respect the international commitments of the Peruvian State.

Published

2022-06-14