This papers purpose is to offer a first approach on the power of the Peruvian Constitutional Court (PCC) to declare the unconstitutionality of a Constitutional Amendment. In its ruling 008-2018-AI/TC, the PCC developed its competence to revise the constitutionality of constitutional amendments. This paper aims to analyze whether the reasons offered by the PCC in this ruling to justify its “amendment control power” are sufficient. It will answer the next questions. Firstly, whether the Peruvian Constitution grants an explicit or implicit mandate to the Court to evaluate the constitutionality of constitutional reforms. Secondly, whether the PCC has the same power to evaluate the constitutionality of the amendments proceeding from Legislature or referenda processes. Finally, to draw the limits to this kind of constitutional control and to sketch a possible test to evaluate the constitutionality of constitutional amendments.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo.
The Call for Papers for ICON•S Mundo is available here. Submissions for papers and panels must be made by May 1, 2021.
Log into your ICON•S account and apply for ICON•S Mundo by submitting your proposal.Apply for ICON•S Mundo