A Threat from the Inside: The Appointment of Judges of the Peruvian Constitutional Court

Abstract

The article analyses the restriction of independent courts and their compositions using the example of appointment of judges of the Peruvian Constitutional Court. The recent appointment is a threat to the Peruvian de­mocracy and, more importantly, that its source is the Peruvian legal system itself. In the end, the author states that deficiencies in the Peruvian legal system that hinders the public justification of the appointment process of the Constitutional Court’s judges, because it makes the accessibility of the reasons for appointing them inadmissibly dependent on the will of the parliamentarians. The fact that constitutional interpretation, a partial delegation of the exer­cise of public reason, is unjustifiably held by judges renders its normative character illegit­imate and hurts a democracy.