Judicial review and the reform of article 14º of the Consolidated Text of The Organic Law of the Judiciary.

Abstract

This article analyzes the execution of the judicial review in Peru and its connection to the reform of the Art. 14° of the Consolidated Text of the Organic Law of the Judiciary. It explores the origins of diffuse control in Marbury v. Madison (1803) and its incorporation into Peruvian law since the 1856 Constitution.

The study examines Project Bill 09638/2024-CR, which proposes modifying Art. 14 of the LOPJ to transfer the authority to review sentences with diffuse control from the Constitutional and Social Law Chamber of the Supreme Court to the Constitutional Court. The author argues that such a modification cannot be implemented solely through an ordinary law, as it would alter the constitutional distribution of powers.

Two potential solutions are presented: (i) A constitutional reform, which would ensure legal coherence but requires a complex and lengthy process; (ii) An amendment to the Organic Law of the Constitutional Court, a quicker alternative but one that cannot override constitutional provisions.

The article concludes that a constitutional reform, despite its challenges, is the most appropriate course of action to maintain legal stability and consistency.