An Approach to the Principles of Interpretation and Binding Precedents in the Jurisprudence of Peru’s Constitutional Court

Abstract

Unity, practical concordance, functional correction, integrative function, normative status and pro homine, among others principles, are instru­ments that have enabled us to understand that traditional methods of in­terpretation are not enough to reach justice in a concrete case concerning constitutional matters. Besides, taking into account the kinds of decisions rendered by the Constitutional Court and the creation of binding pre­cedents, lead us to a stage of transition, from a “legal judge” to another of constitutional formation This process also constitutes the new position of a Court specialized in abstract constitutional review, i.e., an institution conceived as a negative legislator which later became a positive one. In this article, our attempt consists in approaching to the new role corresponding to the Constitutional Court, with especial reference to the Peruvian case, as well as to the necessity of harmonizing the principles of constitutional interpretation.