The exercise of congressional functions and the principle of separation of powers in the 1993 Political Constitution

Abstract

The development of the research study aims to address the repercussions of the influence exerted by the parliamentary functions of Congress concerning the maintenance and development of the balanced principle of Separation of State Powers. It conducts a basic methodological study with a descriptive level, correlational design, and analytical-quantitative approach, using a survey applied to a significant sample of 108 constitutional experts from the city of Lima. The general research hypothesis is validated with a Spearman coefficient of 0.693, indicating a very close and binding relationship between the exercise of congressional functions by the Legislative Power and the practicable development of the principle of separation of powers, but from a perspective of negative influence. This is particularly evident as the Congress of the Republic has been exercising a highly questioned oversight function over the Executive in the last fourteen years, with significant political interference from the Legislative branch during the presidential terms of 2016-2020, 2021-2022, and 2023-2025. This has led to a problematic situation where the Legislative Control of Congress tends to be overly politicized, adversely affecting the normal functional-political and democratic-constitutional performance of the Executive. The main conclusion is that there is a significant relationship between the exercise of Congress's functions and the principle of separation of powers; however, the increasing politicization of legislative control over the Executive is generating a political and social crisis in the country, increasing citizen distrust towards state institutions.