Cecily Zamora
Peru follows the civil law tradition, which is based on written statutes and codes. Civil law, also known as Roman law, is the most widespread legal tradition in the world by landmass and overall population. Common law, on the other hand, is employed by the greatest number of people compared to any single civil law system. It is characterised by case law or precedent by courts, and it developed in England, influenced by Anglo-Saxon law and the Norman conquest. Common law has been adopted by almost every former colony of the British Empire, and several countries have adapted it into a mixed system. While Peru has a civil law system, its lower courts can, in specific circumstances, make decisions that have a binding effect similar to common law jurisdictions.
| Characteristics | Values |
|---|---|
| Type of Law | Civil Law |
| Legal System | Part of the Roman-Germanic tradition |
| Importance | Given to written law |
| Primary Source of Law | Statutes known as leyes |
| Constitution | Yes, adopted in 1993 |
| Legislature | Congreso de la República del Perú |
| Gazette | El Peruano, Diario Oficial |
| Court Structure | Supreme Court, Superior Courts, Courts of First Instance, and Courts of Peace |
| Judiciary Structure | Criminal, administrative, constitutional, and civil courts |
| Binding Effect | Decisions from the Supreme Court or the Constitutional Tribunal have a binding effect |
| Rule of Law | 37% of Peruvians reported experiencing a legal problem in the last two years |
| Authoritarian Tendencies | Top government officials attack or attempt to discredit the media and civil society organizations that criticize them |
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What You'll Learn
Peru has a civil law system
The Peruvian legal system is divided into criminal, administrative, constitutional, and civil courts. The court structure is hierarchical, with a Supreme Court at the top, followed by Superior Courts, Courts of First Instance, and Courts of Peace. The Constitutional Court is independent and autonomous, and it is composed of seven members elected for five-year terms by the congress. This court is responsible for reviewing contradictions or opposition between laws and the Peruvian Constitution.
The ordinary judiciary in Peru is independent of the legislative and executive branches of government. Lower courts are generally not required to follow previous decisions made by higher courts. However, in specific circumstances, decisions from the Supreme Court or the Constitutional Tribunal have a binding effect similar to common law jurisdictions.
Peru's legal system is unitary, with the country being divided into 25 regions under the control of a central authority. The country has a presidential system, with the President serving as the head of state, head of government, and commander-in-chief of the armed forces. The President is elected for a five-year term, and consecutive reelection is forbidden.
The Rule of Law in Peru is an important topic, with various reports and polls assessing the state of the legal system. The General Population Poll (GPP) of 2022 found that 37% of Peruvians surveyed had experienced a legal problem in the last two years, with consumer issues, housing, and land disputes being the most common problems.
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The country's constitution was adopted in 1993
Peru follows the civil law tradition, which places great importance on written law. The country's constitution, adopted in 1993, is the primary source of Peruvian law. It has been amended since its adoption, and an English version is available.
The Peruvian legal system is hierarchical, with a structure that includes criminal, administrative, constitutional, and civil courts. The Constitutional Court, or Constitutional Tribunal, is independent and autonomous, with seven members elected for five-year terms by Congress. This court has the power to review and interpret the constitution, and it decides on cases involving constitutional rights and the constitutionality of statutes.
The judiciary also includes a Supreme Court, Superior Courts, Courts of First Instance, and Courts of Peace. The ordinary judiciary follows the due process principle, which guarantees the right to appeal. This means that there is always a higher court to hear an appeal.
Peru's legal system is part of the Roman-Germanic tradition, which is characterised by its emphasis on written law. The country's laws and regulations are published in the official gazette, "El Peruano", named after a Latin American hero of the independence wars, Simon Bolivar.
The country's constitution, adopted in 1993, establishes Peru as a democratic, social, independent, and sovereign republic. The government is organised according to the principle of separation of powers, with a directly elected President who serves as the head of state and commander-in-chief of the armed forces. The President is elected for a five-year term and cannot be immediately re-elected.
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The court system is hierarchical
Peru follows the civil law tradition, which places great importance on written law. This means that statutes, known as leyes, are the primary source of law in the country. The country's legal system is hierarchical and is divided into criminal, administrative, constitutional, and civil courts. At the top of the hierarchy is the Constitutional Court, which is autonomous and independent. It is composed of seven members who are elected for five-year terms by the congress. The Constitutional Court is responsible for reviewing contradictions or opposition between laws and the Peruvian Constitution. It also has the power to make final judgments in trials related to habeas corpus, habeas data, amparo, and acción de cumplimiento.
Below the Constitutional Court are the Supreme Court and other courts and judges as defined by law. The Supreme Court is followed by the Superior Courts, Courts of First Instance, and Courts of Peace. The "Consejo Nacional de la Magistratura" is responsible for selecting and appointing judges. The judicial system also includes a Public Prosecutor and a Public Defender. The Public Prosecutor is tasked with representing the public interest and defending the rule of law.
The ordinary judiciary structure in Peru is organised hierarchically, with higher and lower courts. Lower courts are generally not required to follow previous decisions made by higher courts. However, in specific circumstances, decisions from the Supreme Court or the Constitutional Tribunal can have a binding effect similar to common law jurisdictions. This hierarchical structure ensures that there is always a court to settle controversies in the first instance and another court to hear appeals if necessary.
Peru's legal system is part of the Roman-Germanic tradition, which includes countries such as France, Spain, and Italy. This tradition is characterised by a strong emphasis on written law, with codes and statutes playing a central role. The Peruvian legal system is also influenced by its status as a democratic, social, independent, and sovereign republic with a decentralised government. The country's laws and regulations are published in the official gazette, "El Peruano", which is named after a Latin American hero, Simon Bolivar.
The rule of law in Peru is an important aspect of the country's legal system. Various studies and polls have been conducted to understand the experiences and perceptions of Peruvians regarding the rule of law. These studies have explored themes such as accountability, authoritarianism, fundamental freedoms, corruption, and bribery. For example, the General Population Poll (GPP) of 2022 surveyed 1,029 Peruvian households to gather data on their experiences and perceptions of the rule of law.
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The country has a unitary government
Peru is a unitary country with a democratic, social, independent, and sovereign government. The country is divided into 25 regions, each controlled by a central authority. The President of Peru is the head of state, head of government, and commander-in-chief of the armed forces. The President is elected for a five-year term and is not eligible for immediate re-election. The government is organised according to the principle of separation of powers, with the President as the Chief of State, representing the nation. The President must be at least 35 years old and must enjoy suffrage rights. He is directly elected by the people and must win a majority of the total electors.
The Peruvian legal system is based on the Roman-Germanic tradition, which places great importance on written law. The country's legal system includes a constitution, legislation, and a hierarchical court structure. The current constitution was adopted in 1993 and has been amended since then. It is available in both Spanish and English. The official gazette, "El Peruano," publishes laws and regulations and is published daily.
The judiciary in Peru is divided into criminal, administrative, constitutional, and civil courts. The court structure is hierarchical, with the Supreme Court at the top, followed by Superior Courts, Courts of First Instance, and Courts of Peace. The Constitutional Court, composed of seven members elected for five-year terms by Congress, is autonomous and independent. It reviews contradictions or opposition between laws and the Peruvian Constitution and makes final judgments in trials involving habeas corpus, habeas data, amparo, and acción de cumplimiento.
Peru's legal system is a civil law system, which means that legislative enactments, rather than legal precedents, are considered legally binding. This is in contrast to common law systems, such as those in the US and countries of the former British Empire, where legal precedents set by judges are a primary source of law.
The rule of law in Peru is an important issue, with various surveys and polls conducted to understand the experiences and perceptions of ordinary citizens regarding legal issues. These surveys provide insights into the prevalence and nature of legal problems faced by Peruvians, as well as their perceptions of the government's authoritarian tendencies.
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The country does not accept compulsory International Court Jurisdiction
Peru is a civil law country with a written constitution and legislation. The country's legal system is part of the Roman-Germanic tradition, which places significant importance on written law. This means that statutes, or "leyes," serve as the primary source of law in Peru. The current constitution, enacted on December 31, 1993, has been amended and is available in both Spanish and English.
The Peruvian legal system includes a Supreme Court and other lower courts, such as Superior Courts, Courts of First Instance, and Courts of Peace. The Constitutional Court, or "Tribunal Constitucional," is autonomous and independent, with seven members elected for five-year terms by the congress. This court has the authority to review conflicts between laws and the Peruvian Constitution and make final judgments in trials involving habeas corpus, habeas data, amparo, and "acción de cumplimiento."
While Peru's legal system shares some similarities with common law jurisdictions, such as the binding effect of Supreme Court decisions, it does not accept compulsory International Court Jurisdiction. This means that Peru maintains the autonomy to interpret and apply international law within its own legal framework.
The rejection of compulsory International Court Jurisdiction indicates that Peru prioritizes its sovereignty and independence in legal matters. This stance allows the country to maintain control over how international laws and treaties are interpreted and implemented within its own legal system. By not submitting to compulsory jurisdiction, Peru retains the right to decide how to handle disputes and interpret international legal obligations.
This stance on international court jurisdiction is a significant aspect of Peru's legal system and underscores the country's approach to international law and its relationship with external judicial bodies. It highlights the country's preference for managing legal matters within its own constitutional framework and judicial processes.
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Frequently asked questions
Peru has a civil law system.
Civil law is based on codified statutes and written laws, whereas common law is based on past court decisions and similar judgments. Common law is employed by the greatest number of people compared to any single civil law system.
Peru's civil law system includes a variety of laws, such as animal protection and welfare laws, mining laws, and copyright laws. The country's legal system also includes a constitution, which serves as the supreme law of the land.
