Ámbitos excluidos de la reforma constitucional en el Perú

The unamendable provisions, as an explicit material boundarie to the power of amendment, are not configured in the Peruvian Constitution. However, in the Peruvian legal system is possible to control any constitutional amendments by judicial review. The Peruvian Constitutional Court carries out this exercise using the “basic structure” of the Constitution, referring to the elementary precepts that confer identity to the Peruvian Constitution and that, therefore, are devoid of any modification in their content.

In this sense, in this article, based on a theoretical and casuistic analysis, we will try to answer, on the one hand, to: i) what are the criteria that allow to justifiably control the content of the amendments and, on the other, ii) how can we establish that these criteria are sufficient so that the result of the control is not subject to democratic objection.