Constitution of Peru

Constitution of Peru
source
Name	Constitution of Peru
Caption	Coat of arms of Peru
Date revised	1993
Jurisdiction	Republic of Peru
System	Unitary presidential republic
Branches	Executive, Legislative, Judicial
Chambers	Congress of the Republic of Peru
Executive	President of Peru
Courts	Constitutional Court of Peru
Wikisource	Constitution of Peru

Constitution of Peru is the supreme law of the Republic of Peru establishing the legal framework for the President of Peru, the Congress of the Republic of Peru, the Constitutional Court of Peru and other institutions. Adopted in 1993 amid political crisis involving Alberto Fujimori, the document replaced earlier texts like the 1979 instrument and interacts with international instruments such as the American Convention on Human Rights. It has been the focal point of political debates involving figures such as Ollanta Humala, Pedro Castillo, Keiko Fujimori, and institutions including the National Jury of Elections and the Defensoría del Pueblo.

History

Peru’s constitutional history traces from the 1823 text produced after independence under figures like José de San Martín and Simón Bolívar through successive constitutions in 1826, 1860, 1920, 1933, 1979 and 1993. The 1860 constitution influenced policy during the era of Miguel de San Román and Ramon Castilla, while the 1920 reform occurred during the presidency of Augusto B. Leguía. The 1933 constitution reflected debates following the War of the Pacific aftermath and the rise of leaders including Óscar R. Benavides. The 1979 constitution emerged during the transition from the Peruvian Armed Forces regime led by Francisco Morales Bermúdez toward democracy with politicians like Fernando Belaúnde Terry. The 1993 promulgation followed the 1992 "self-coup" (autogolpe) by Alberto Fujimori and conflicts with the Peruvian Congress (1992–1993) and the Judiciary of Peru, and was ratified in a constituent process invoking actors such as the Democratic Constituent Congress (1992–1995) and international observers linked to the Organization of American States.

Legal status and enactment

The 1993 instrument declares itself supreme over all laws and binds authorities such as the Ministry of Justice (Peru), the Ministry of Economy and Finance (Peru), and municipal bodies like the Municipalidad Metropolitana de Lima. Enactment occurred via a constituent process organized by the Democratic Constituent Congress (1992–1995), with the president Alberto Fujimori endorsing the text. The constitution interacts with treaties such as the United Nations Charter and the International Covenant on Civil and Political Rights through constitutional provisions referencing international obligations adjudicated by the Inter-American Court of Human Rights and the European Court of Human Rights in comparative doctrine. The Constitutional Court of Peru and the Supreme Court of Peru have issued jurisprudence clarifying hierarchies among laws, decrees from the Executive Branch of Peru, and municipal ordinances from provinces like Arequipa and regions like Cusco Region.

Fundamental principles and rights

The text enshrines principles including republicanism reflected in the office of the President of Peru, separation of powers among the Congress of the Republic of Peru, the Constitutional Court of Peru, and the Council of Ministers (Peru), and provisions on rights such as those referenced in the American Convention on Human Rights, the Universal Declaration of Human Rights, and labor protections seen in laws influenced by the International Labour Organization. It protects civil liberties relevant to litigants before tribunals like the Judicial System of Peru and administrative bodies such as the Superintendencia Nacional de Salud (Susalud). The charter addresses property and economic rights implicated in disputes involving state enterprises like Petroperú and regulatory agencies including the Superintendencia Nacional de Administración Tributaria (SUNAT) and the Superintendencia del Mercado de Valores.

Structure of government

The constitution defines institutions: the President of Peru as head of state and head of government with appointments of ministers serving in the Council of Ministers (Peru); the unicameral Congress of the Republic of Peru with representation from regions such as Lima Province and La Libertad Region; and the judiciary headed by the Supreme Court of Peru with constitutional review by the Constitutional Court of Peru. Electoral mechanics implicate bodies like the National Jury of Elections, the National Office of Electoral Processes, and political parties such as Perú Libre, Fuerza Popular, and Acción Popular. Local governance appears through entities like the Municipalidad Provincial del Callao and regional governments exemplified by Puno Region and Iquitos.

Constitutional amendment and reform

Amendment procedures provide paths via ordinary legislative majorities in Congress of the Republic of Peru or via constituent processes called by presidents such as Alejandro Toledo or assemblies modeled after the Constituent Assembly of 1978–1979 in other contexts. Proposals have been debated by political actors including Alan García and Ollanta Humala and have provoked referendums overseen by the National Jury of Elections. Reforms interact with jurisprudence from the Constitutional Court of Peru and comparative precedent from constitutions like those of Argentina, Brazil, and Spain.

Judicial review and enforcement

The Constitutional Court of Peru holds authority to annul laws and settle conflicts among institutions, producing decisions that affect bodies such as the Executive Branch of Peru, the Congress of the Republic of Peru, and administrative agencies like the Superintendencia Nacional de Servicios de Saneamiento (SUNASS). Ordinary judges in district courts and appellate courts apply constitutional norms when handling cases from litigants represented before institutions like the Public Ministry (Peru) and the Defensoría del Pueblo. Enforcement mechanisms include amparo and habeas corpus remedies, influenced by rulings of the Inter-American Court of Human Rights and comparative practices from the Supreme Court of Justice of the Nation (Mexico).

Criticisms and controversies

The 1993 text remains contested for origins tied to the 1992 crisis involving Alberto Fujimori and for provisions affecting executive prerogatives challenged by politicians such as Keiko Fujimori and Pedro Castillo. Critics from organizations like the National Confederation of Peasant, Artisan, Indigenous, and Native Women of Peru and civil society groups including Coordinadora Nacional de Derechos Humanos argue about accountability, electoral rules, and protections for marginalized groups in regions such as Amazonas Region and Indigenous communities represented in disputes involving the Inter-American Commission on Human Rights. Debates continue over constitutional reform proposals advanced by parties like Perú Libre and commentators tied to universities such as the Pontifical Catholic University of Peru and the National University of San Marcos.

Category:Law of PeruCategory:Politics of Peru