|
Peru Constitutional Development
Until April 5, 1992, Peru was governed according to a
constitution that became effective with the transition to
civilian government in 1980. From the time of the
declaration of
independence by José de San Martín on July 18, 1821, up
until the
constitution of 1979, Peru had ten constitutions. All of
them
established a presidential form of government, with
varying
degrees of power concentrated in the executive. The
French- and
Spanish-influenced constitution of 1823, which abolished
hereditary monarchy, was the first formal organic law of
the
Peruvian state drawn up by a constituent assembly under a
popular
mandate.
The departure of Simón Bolívar Palacios (1824-25, 1826)
on
September 3, 1826, ushered in a long period of revolt and
instability with only brief periods of peace. The
presidency
changed twelve times between 1826 and 1845. During this
period,
Peru was governed under three constitutions--those of
1828, 1834,
and 1839. There was little variation in the basic form of
these
constitutions. All provided for separate executive,
legislative,
and judicial branches, for indirect election of the
president and
Congress, for a centralized regime, and for extensive
personal
rights and guarantees. The only major variations were in
details
regarding specific powers of the executive.
The 1828 constitution moved toward decentralization and
showed considerable influence by the United States. For
example,
it provided for presidential election by popular vote. In
subsequent constitutions, there was a varying emphasis on
executive versus legislative power, and gradual,
progressive
improvements, such as the subordination of the military to
civilian rule, direct popular elections, and the granting
of the
right to association. The 1839 constitution extended the
presidential term from four to six years, with no
reelection.
When Marshal Ramón Castilla (1845-51, 1855-62) emerged
as
dictator in 1845, a period of relative peace and
prosperity
began. The 1856 constitution, promulgated during
Castilla's rule,
was more liberal and democratic than any of its
predecessors. It
provided for the first time for direct popular election of
the
president and Congress. However, a more conservative
constitution
was promulgated in 1860 and remained in force, with two
brief
interruptions--1862-68 and 1879-81--for sixty years.
Although it
reduced the presidential term to four years (with
reelection
after an intervening term), it greatly increased the
powers of
the president and provided for a much more centralized
government. Nevertheless, it laid important bases for the
future
executive-legislative relationship. In particular, it
established
a requirement that cabinet ministers, although responsible
to the
president, report to Congress. Furthermore, it explicitly
permitted Congress, at the end of each legislative
session, to
examine the administrative acts of the president to
determine
their conformity with the constitution and the laws.
The 1920 constitution was generally more liberal than
its
predecessor, the 1860 charter, and provided for more civil
guarantees. Although it established a strong executive and
lengthened the presidential term from four to five years,
it
placed several new checks on that branch. It deprived the
president of his traditional right to suspend
constitutional
guarantees during periods of national emergency and
strengthened
the principle of ministerial responsibility to Congress.
In
particular, it gave Congress the right to force the
resignation
of ministers by a vote of no confidence. Having
promulgated the
constitution, however, Augusto B. Leguía y Salcedo
(1908-12,
1919-30) ignored it almost completely and established
himself as
one of Peru's strongest dictators.
The 1933 constitution was, at least in theory,
operative
until 1980, although civilian government was interrupted
from
1933 to 1939, 1948 to 1956, and 1968 to 1980. The 1933
constitution reduced presidential powers and instituted a
mixed
presidential-parliamentary system. It also instituted
compulsory
and secret balloting, as well as provisions for religious
tolerance and freedom of speech. The president could not
remove
or nominate cabinet members without parliamentary consent.
This
resulted in a considerable number of executive-legislative
stalemates, the most notable of which occurred during the
first
government of President Fernando Belaúnde Terry (1963-68,
1980-
85).
After a prolonged stalemate over issues ranging from
tax and
agrarian reforms to a contract with the International
Petroleum
Corporation, Belaúnde was overthrown on October 3, 1968,
by the
armed forces, led by General Juan Velasco Alvarado
(1968-75). The
resulting "revolutionary government" was a progressive,
left-wing
military regime, which attempted to implement a series of
structural reforms; it maintained dictatorial powers but
was only
mildly repressive. After an intraregime coup in 1975 and a
turn
to orthodox economic management in the face of rising
fiscal
deficits and inflation, as well as increasing levels of
social
unrest, the military government called for a civilian-run
Constituent Assembly to draft a new constitution and hold
elections.
The constitution of 1979, signed by the president of
the
Constituent Assembly, Víctor Raúl Haya de la Torre, on
July 12,
1979--while he was virtually on his death-bed--sought to
restore
strong presidential power. Largely influenced by the
French Fifth
Republic, the constitution of 1979 established a
presidential
system with a bicameral legislature and a Council of
Ministers,
which was appointed by the president. An excessively broad
document, the 1979 charter covered a host of rights and
responsibilities of government, private persons, and
businesses.
It also established the structure of government and
mandated
measures to effect social changes, including the
eradication of
illiteracy and extreme poverty. The constitution could be
amended
by a majority of both houses of Congress.
The constitution guaranteed a series of liberties and
rights,
including the freedom of expression and association and
the right
to life, physical integrity, and "the unrestricted
development of
one's personality." Although the Roman Catholic Church is
entitled to the cooperation of the government, Catholicism
is not
the official religion of the country, and religion is a
matter of
personal choice. Workers were guaranteed collective
bargaining
rights and had the right to strike and to participate in
workplace management and profits. Public servants, with
the
exception of those with decision-making power and the
armed
forces and police, also had the right to strike.
Constitutional guarantees could be suspended during a
state
of emergency, defined as the disruption of peace or the
domestic
order, a catastrophe, or grave circumstances affecting the
life
of the nation. A state of emergency could not last longer
than
sixty days but could be renewed repeatedly. During such a
time,
the armed forces retained control of internal order.
Guarantees
of freedom of movement and of assembly, and freedom from
arbitrary or unwarranted arrest and seizure were
suspended.
Constitutional guarantees could also be suspended during
states
of siege, defined as an invasion, a civil war, or imminent
danger
that one of these events may occur. At least half of the
nation
lived under state-of-emergency conditions beginning in the
second
half of the 1980s, owing to the increase in
insurrectionary
activities by the nation's two major guerrilla groups.
Data as of September 1992
|
