Constitutional Law at Peru
Constitutional Law in Peru is based on the Constitution of the Republic of Peru, which was adopted in 1993 following a constitutional crisis and the autogolpe (self-coup) by then-President Alberto Fujimori in 1992. The 1993 Constitution replaced the 1979 Constitution and introduced significant changes in the political and economic structure of the country. It remains in force today, though it has been amended several times—most recently to address issues of governance, corruption, and judicial reform.
🇵🇪 1. Background and Historical Context
The 1993 Constitution was approved via referendum on October 31, 1993, after President Fujimori dissolved Congress and took control of the government in 1992.
While critics argue it was drafted to strengthen presidential power, supporters highlight its emphasis on economic liberalism and political stability.
Peru has had 12 constitutions since its independence in 1821, making the 1993 Constitution the latest in a long history of constitutional experimentation.
🔹 2. Key Principles of the 1993 Constitution
Unitary and Democratic State: Peru is defined as a unitary, representative, and decentralized republic.
Supremacy of the Constitution: It is the highest law in Peru. Any law or government act contrary to the Constitution is invalid.
Separation of Powers: Power is divided among executive, legislative, and judicial branches.
Rule of Law and Human Rights: The Constitution affirms the inviolability of human dignity, individual freedoms, and due process.
🔹 3. Structure of Government
✅ Executive Branch
President: Head of State and Government, elected for a five-year term (non-immediate re-election allowed only after one full term out of office).
Vice Presidents: Two are elected on the same ticket as the President.
Council of Ministers (Cabinet): Headed by the President of the Council of Ministers (Prime Minister). Ministers must be approved by Congress.
The President has powers to:
Propose laws and veto them
Appoint ministers
Direct foreign policy
Declare states of emergency (with limits)
✅ Legislative Branch
Unicameral Congress with 130 members, elected by proportional representation for five years.
Congress has the power to:
Pass laws
Censure or remove ministers
Approve the national budget
Authorize declarations of war and peace
Remove the President under specific constitutional grounds
✅ Judicial Branch
Judiciary is independent.
The Supreme Court is the highest judicial authority.
Constitutional Court (Tribunal Constitucional): Interprets and safeguards constitutional rights.
Judges are appointed by the National Board of Justice.
🔹 4. Fundamental Rights and Liberties
The Constitution guarantees:
Right to life and dignity
Freedom of expression, association, and religion
Right to education, health, housing, and work
Right to due process and a fair trial
Habeas corpus and amparo as remedies for rights violations
Special protections are provided for indigenous peoples, the environment, and cultural heritage.
🔹 5. Constitutional Mechanisms
Judicial Review: The Constitutional Court can invalidate laws that violate constitutional rights.
Referendum: Citizens may propose constitutional reforms or challenge laws via referendum.
Motion of Confidence: Congress can express (or withdraw) political support from the executive through this tool.
Presidential Vacancy: Congress can declare the presidency “vacant” for moral incapacity, a controversial and vague clause used in recent years.
🔹 6. Amendments and Reforms
Amendments require:
Two-thirds majority in Congress in two consecutive sessions, or
One congressional vote + national referendum
Recent reforms have tackled:
Judicial appointments
Political financing
Restrictions on convicted individuals running for office
🔹 7. Recent Constitutional Challenges
Frequent executive-legislative conflicts, leading to:
The dissolution of Congress in 2019 by President Martín Vizcarra
Multiple presidents removed or forced to resign in a short span
Use of the "moral incapacity" clause to impeach presidents is now under debate, with reform proposals seeking to clarify or remove it.
Constitutional reform debates have intensified, with calls for a new constitution, especially from progressive sectors and indigenous groups.
🔹 8. International Law
Peru recognizes international human rights treaties as binding and part of national law.
The Constitution allows individuals to bring cases to international bodies such as the Inter-American Court of Human Rights.
✅ Conclusion
Peru's 1993 Constitution is a product of a post-authoritarian transition, aiming to ensure democratic governance, economic liberalism, and civil rights protections. However, institutional fragility, political instability, and conflict between branches of government have led to calls for reform or replacement. While it provides a solid framework for democracy, its interpretation and application remain contentious in Peru’s turbulent political landscape.
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