The Political Constitution of the Republic of Peru (;

Southern Quechua Southern Quechua (, ), or simply Quechua (Qichwa or Qhichwa), is the most widely spoken of the major regional groupings of mutually intelligible dialects within the Quechua language family, with about 6.9 million speakers. Besides Guaraní it ...

: ''Perú Suyu Hatun Kamay Pirwa 1993'') is the supreme law of

Peru Peru, officially the Republic of Peru, is a country in western South America. It is bordered in the north by Ecuador and Colombia, in the east by Brazil, in the southeast by Bolivia, in the south by Chile, and in the south and west by the Pac ...

. The current constitution, enacted on 31 December 1993, is Peru's fifth in the 20th century and replaced the 1979 Constitution. The Constitution was drafted by the Democratic Constituent Congress that was convened by

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

Alberto Fujimori during the Peruvian Constitutional Crisis of 1992 that followed his 1992

self-coup A self-coup, also called an autocoup () or coup from the top, is a form of coup d'état in which a political leader, having come to power through legal means, stays in power illegally through the actions of themselves or their supporters. The le ...

and dissolution of

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

, and was promulgated on 29 December 1993. A Democratic Constitutional Congress (CCD) was elected in 1992, and the final text was approved in a 1993 referendum. The Constitution was primarily created by Fujimori and supporters without the participation of any opposing entities. The 1993 Constitution of Peru differed originally from the 1979 Constitution in that it gave greater power to the president. For example, it allowed for reelection, reduced the bicameral 240-member congress to a unicameral 120 Congress of the Republic, not only affirmed the president's power to

veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president (government title), president or monarch vetoes a bill (law), bill to stop it from becoming statutory law, law. In many countries, veto powe ...

found in the 1979 Constitution, but also gave him the power to use a line item veto, and mandated that all tax laws receive prior approval by the Ministry of Economics and Finance. While the Constitution of 1979 allowed the president to dissolve congress after congress censured prime ministers three times, the 1993 constitution allows the president to do so after only two censures. The Constitution allows the president to decree laws as long as they first informs the Congress of their intent to do so. If the president dissolves Congress, the Constitution gives them the power to rule until the election of a new Congress within a four-month timeline, during which time the Standing Committee of the dissolved Congress will remain functioning. Following the ouster of President Alberto Fujimori, the Constitution was amended to bar the president from immediate re-election, a status quo that had prevailed for most of the time since the Great Depression. Subsequent constitutional amendments, laws of Congress, and Constitutional Court rulings have further changed the rules of interaction among branches of government. To December 2024, the current Constitution of Peru had been subject to 30 amendments since 1995, most of which had been approved by Congress supermajority votes, and just 3 of those amendments had been ratified by a 2018 referendum. Since the 2020 Peruvian protests, calls for the creation of a

constituent assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...

have been made in Peru, with the majority of Peruvians showing approval of a new constitution in 2023.

History

Peru has had twelve constitutions (1823, 1826, 1828, 1834, 1839, 1856, 1860, 1867, 1920, 1933, 1979 and 1993), four provisional statutes (1821, 1855, 1879 and 1883) and one confederate constitution during

Peru–Bolivian Confederation The Peru–Bolivian Confederation () was a short-lived state that existed in South America between 1836 and 1839. The country was a loose confederation made up of three states: North Peru and South Peru—states that arose from the division of th ...

(1837).

1823 Constitution

The Political Constitution of the Peruvian Republic () was written by the first Constituent Congress of Peru and promulgated by President José Bernardo de Tagle on November 12, 1823. It was almost completely suspended in order to allow

Simón Bolívar Simón José Antonio de la Santísima Trinidad Bolívar y Palacios (24July 178317December 1830) was a Venezuelan statesman and military officer who led what are currently the countries of Colombia, Venezuela, Ecuador, Peru, Panama, and Bol ...

's campaign to be planned carefully. It was re-established on June 11, 1827, and abolished the next year.

1826 Constitution

The Constitution for the Peruvian Republic (), also known as the Lifetime Constitution () was written by Simón Bolívar and promulgated by a government council led by

Andrés de Santa Cruz Andrés de Santa Cruz y Calahumana (; 30 November 1792 – 25 September 1865) was a Bolivian general and politician who served as interim president of Peru in 1827, the interim president of Peru from 1836 to 1838 and the sixth president of ...

. It was similar to the Bolivian constitution, and a planned Colombian constitution, with the three countries being part of Bolívar's intent to establish a Federation in South America. The anti-Bolivarian sentiment that erupted in Peru at the time suspended the constitution after 49 days, with the 1823 constitution being re-established the next year.

1828 Constitution

The Political Constitution of the Peruvian Republic () was promulgated on March 18, 1828, by President José de la Mar. Despite its short duration, its importance lies in the fact that it laid the constitutional foundations of Peru, serving as a model for the following constitutions, for almost a century.

1834 Constitution

The Political Constitution of the Peruvian Republic () was approved by the National Convention in Lima and promulgated on June 10, 1834, by provisional president Luis José de Orbegoso. This document legally paved the way for the federation of Peru with Bolivia, and was soon abolished due to the establishment of the

, which itself established two constitutions for its constituent countries of North Peru and South Peru.

1836 Constitutions

After political instability in Peru and a coup d'état in 1835, a

civil war A civil war is a war between organized groups within the same Sovereign state, state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies.J ...

broke out between newly self-declared president Felipe Santiago Salaverry and constitutional president Luis José de Orbegoso, who allowed Bolivian president

to send his troops through the Peruvian border. After the latter's triumph in 1836, assemblies were soon established to make way for the creation of the Confederation, an idea that had been floating around since the era of independence. In Peru, two assemblies were convened: the Sicuani Assembly, which established South Peru, and the Huaura Assembly, which established North Peru. Both states' constitutions prepared the countries' union with Bolivia to create the

, first after its proclamation by decree, and then after an assembly that met in

Tacna Tacna, officially known as San Pedro de Tacna, is a city in southern Peru and the regional capital of the Tacna Region. A very commercially active city, it is located only north of the border with Arica y Parinacota Region from Chile, inland f ...

, which authored the constitution of the state.

1839 Constitution

The Political Constitution of the Peruvian Republic () was approved by a General Congress in Huancayo, leading to it being also known as the Huancayo Constitution (). It was promulgated on November 10, 1839, by provisional president Agustín Gamarra, and was of conservative nature, unlike its predecessors.

1856 Constitution

The Political Constitution of the Peruvian Republic () was approved by the National Convention in Lima after the successful liberal revolution carried out against then president José Rufino Echenique. It was promulgated on October 19, 1856, by provisional president Ramón Castilla, and was of a very liberal character, leading to the Peruvian Civil War of 1856–1858.

1860 Constitution

The Political Constitution of Peru () was approved by the Congress of the Republic and promulgated on November 13, 1860, by president Ramón Castilla. Due to the nature of the civil war of 1856–1858, it was a moderate constitution, agreed upon by both liberals and conservatives. It was replaced by an unpopular constitution in 1867 and then re-established on the same year.

1867 Constitution

The Political Constitution of Peru () was approved by the Constituent Assembly on August 29, 1867, and promulgated on the same day by provisional president Mariano Ignacio Prado. Its extremely liberal nature led to a

which ended Prado's presidency and re-established the 1860 constitution.

1920 Constitution

The Constitution for the Republic of Peru () was approved on December 27, 1919, and promulgated by president Augusto B. Leguía on January 18, 1920. Of progressive nature, many of its contents were not enforced up until its replacement in 1933.

1933 Constitution

The Political Constitution of Peru () was promulgated on April 9, 1933, by president Luis Miguel Sánchez Cerro. The Revolutionary Government of the Armed Forces of Peru established in 1968 after a successful

coup d'état A coup d'état (; ; ), or simply a coup , is typically an illegal and overt attempt by a military organization or other government elites to unseat an incumbent leadership. A self-coup is said to take place when a leader, having come to powe ...

was the last to follow the constitution until its second phase, where president Francisco Morales Bermúdez called for a new constitution to be established and for

general elections A general election is an electoral process to choose most or all members of a governing body at the same time. They are distinct from by-elections, which fill individual seats that have become vacant between general elections. General elections ...

to be held.

1979 Constitution

The Constitution for the Republic of Peru () was promulgated on 12 July 1979 by a

Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...

elected in June 1978 following 10 years of military rule and replaced the suspended 1933 Constitution. It became effective in 1980 with the re-election of deposed President Fernando Belaúnde Terry. It limited the president to a single five-year term and established a bicameral legislature consisting of a 60-member Senate (upper house) and a 180-member Chamber of Deputies (lower house). It also eliminated the literacy requirement for voting and extended

suffrage Suffrage, political franchise, or simply franchise is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...

to all adults 18 or older.

Proposed reform

Fujimorism has held power over much of Peruvian society through maintaining control of institutions and legislation created in the 1993 constitution, which was written by Alberto Fujimori and his supporters without opposition participation. Due to broadly interpreted

impeachment Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eur ...

wording in the 1993 Constitution of Peru, the Congress can impeach the

President of Peru The president of Peru (), officially the constitutional president of the Republic of Peru (), is the head of state and head of government of Peru. The president is the head of the executive branch and is the supreme head of the Peruvian Armed ...

without cause, effectively making the legislature more powerful than the executive branch. Beginning with Pedro Pablo Kuczynski, the Fujimorist Congress used this impeachment procedure liberally, also impeaching

Martín Vizcarra Martín Alberto Vizcarra Cornejo (; born 22 March 1963) is a Peruvian engineer and politician who served as President of Peru from 2018 to 2020. Vizcarra Martín Vizcarra's governorship of Moquegua, previously served as List of regional governor ...

and Pedro Castillo. Notable public support for a constituent assembly and a new constitution began during the 2020 Peruvian protests. Support for a new constitution increased even further following the self-coup attempt by President Castillo and the subsequent 2022–2023 Peruvian political protests. According to IEP polling from January 2023, when asked if they supported the calls for a new constituent assembly, 69% of respondents approved. Popular proposals for the new constitution include mandatory military service and legalizing the

death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...

References

Bibliography

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External links