Constitution of Peru

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

1826 Constitution

Main article: Constitution of Peru (1826)

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

1836 Constitutions===

Main article: North Peru, South Peru, Pact of Tacna{{!}}Constitution of the Peru–Bolivian Confederation

After political instability in Peru and a coup d'état in 1835, a civil war broke out between newly self-declared president Felipe Santiago Salaverry and constitutional president Luis José de Orbegoso, who allowed Bolivian president Andrés de Santa Cruz 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 Peru–Bolivian Confederation, first after its proclamation by decree, and then after an assembly that met in Tacna, 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 civil war 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 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 to be held.

1979 Constitution

The Constitution for the Republic of Peru () was promulgated on 12 July 1979 by a Constituent Assembly 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 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 wording in the 1993 Constitution of Peru, the Congress can impeach the President of Peru 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, Pedro Castillo and Dina Boluarte.

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.

References

Bibliography

References

1. [https://spij.minjus.gob.pe/spij-ext-web/#/detallenorma/H682681 Peru (2010). «Constitución Política del Perú de 1993 en Quechua». spij.minjus.gob.pe (in Quechua). Lima: Ministry of Justice.]
2. (2022). "A totalidade neoliberal-fujimorista: estigmatização e colonialidade no peru contemporâneo". Revista Brasileira de Ciências Sociais.
3. (2020-11-19). "Con primera ministra a la cabeza, así es el nuevo gabinete de Francisco Sagasti en Perú".
4. (2023-01-17). "Dina Boluarte: "La asamblea constituyente es un pretexto para seguir bloqueando carreteras"".
5. Freddy Ronald Centurión González. "La institución de la vicepresidencia de la república en la constitución Peruana". Universidad Nacional Pedro Ruiz Gallo.
6. (August 2021). "El Profe: Cómo Pedro Castillo se convirtió en presidente del Perú y qué pasará a continuación". [[Institute of Peruvian Studies]].
7. Taj, Mitra. (2021-12-07). "'Too many mistakes': Peru's president threatened with impeachment after shaky start". [[Financial Times]].
8. (2021). "El Profe: Cómo Pedro Castillo se convirtió en presidente del Perú y qué pasará a continuación". [[Institute of Peruvian Studies]].
9. Taj, Mitra. (2021-12-07). "'Too many mistakes': Peru's president threatened with impeachment after shaky start". [[Financial Times]].
10. (2021-11-19). "Peru's Keiko Fujimori backs long-shot effort to impeach President Castillo". [[Reuters]].
11. Tegel, Simeon. (15 October 2021). "Can Pedro Castillo Save His Presidency?".
12. Pereda, David. (2023-01-16). "Nueva Constitución: aumenta el respaldo, pero no es mayoritario".