The Constitution of Peru is the supreme law of

Peru , image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = Seal (emblem), National seal , national_motto = "Fi ...

. 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 The Democratic Constituent Congress (Spanish: ''Congreso Constituyente Democrático'') was a Constituent Assembly created in Peru after the dissolution of Congress by President Alberto Fujimori in 1992. Its main purpose was to amend the Constitu ...

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: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

Alberto Fujimori Alberto Kenya Fujimori Inomoto ( or ; born 28 July 1938) is a Peruvian politician, professor and former engineer who was President of Peru from 28 July 1990 until 22 November 2000. Frequently described as a dictator, * * * * * * he remains a ...

during the

Peruvian Constitutional Crisis of 1992 A self-coup, sometimes known as the ''Fujimorazo'', was performed in Peru in 1992 after President Alberto Fujimori dissolved the Congress as well as the judiciary and assumed full legislative and judicial powers. With the collaboration of the mil ...

that followed his 1992 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 a ...

, 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 current Constitution of Peru differs from the 1979 Constitution in that it gives 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 or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...

found in the 1979 Constitution, but also gave him the power to use a

line item veto The line-item veto, also called the partial veto, is a special form of veto, veto power that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill. Many countries have dif ...

, 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 cabinet members three times, the current 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. Constitution of Peru (minature book)

Following the ouster of President

, 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.

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 between the states of Peru, divided into the Republic of North Peru and the Republic of South Pe ...

(1837).

1823 Constitution

The Political Constitution of the Peruvian Republic ( es, Constitución Política de la República Peruana) was written by the first Constituent Congress of Peru and promulgated by President

José Bernardo de Tagle José is a predominantly Spanish and Portuguese language, Portuguese form of the given name Joseph. While spelled alike, this name is pronounced differently in each language: Spanish ; Portuguese (or ). In French, the name ''José'', pronounced ...

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 (24 July 1783 – 17 December 1830) was a Venezuelan military and political leader who led what are currently the countries of Colombia, Venezuela, Ecuador, Peru, Panama and B ...

campaign Campaign or The Campaign may refer to: Types of campaigns * Campaign, in agriculture, the period during which sugar beets are harvested and processed *Advertising campaign, a series of advertisement messages that share a single idea and theme * Bl ...

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 ( es, Constitución para la República Peruana), also known as the Lifetime Constitution ( es, Constitución Vitalicia) 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 B ...

. 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 ( es, Constitución Política de la República Peruana) was promulgated on March 18, 1828 by President

José de la Mar José is a predominantly Spanish and Portuguese form of the given name Joseph. While spelled alike, this name is pronounced differently in each language: Spanish ; Portuguese (or ). In French, the name ''José'', pronounced , is an old vernacul ...

. 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 ( es, Constitución Política de la República Peruana) was approved by the National Convention in Lima and promulgated on June 10, 1834, by provisional president

Luis José de Orbegoso Luis José de Orbegoso y Moncada-Galindo, de Burutarán y Morales (August 25, 1795 – February 5, 1847), an aristocratic Peruvian soldier and politician, served as the 5th President of Peru as well as the first President of North Peru. Thi ...

. 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 The Republic of North Peru was one of the three constituent Republics of the short-lived Peru–Bolivian Confederation of 1836–1839. North Peru was formed from the division of the Republic of Peru into the Republic of North Peru and the Rep ...

and

South Peru The Republic of South Peru ( es, República Sud-Peruana) was one of the three constituent Republics of the short-lived Peru–Bolivian Confederation of 1836–39. South Peru was formed from the division of the Republic of Peru into the Republic ...

1839 Constitution

The Political Constitution of the Peruvian Republic ( es, Constitución Política de la República Peruana) was approved by a General Congress in

Huancayo Huancayo (; in qu, label=Wanka Quechua, Wankayuq , '(place) with a (sacred) rock') is the capital of Junín Region, in the central highlands of Peru. Location Huancayo is located in Huancayo Province, of which it is also the capital. Sit ...

, leading to it being also known as the Huancayo Constitution ( es, Constitución de Huancayo). It was promulgated on November 10, 1839 by provisional president

Agustín Gamarra Agustín Gamarra Messia (August 27, 1785 – November 18, 1841) was a Peruvian soldier and politician, who served as the 4th and 7th President of Peru. Gamarra was a Mestizo, being of mixed Spanish and Quechua descent.Larned, Smith, Seymour, She ...

, and was of conservative nature, unlike its predecessors.

1856 Constitution

The Political Constitution of the Peruvian Republic ( es, Constitución de la República Peruana) was approved by the National Convention in Lima after the successful liberal revolution carried out against then president

José Rufino Echenique José Rufino Pompeyo Echenique Benavente (November 16, 1808 in Puno, Peru – June 16, 1887 in Lima, Peru) served as the 12th President of Peru from 1851 to 1855. He participated in the Peruvian War of Independence. In 1851, Echenique won the p ...

. It was promulgated on October 19, 1856 by provisional president

Ramón Castilla Ramón Castilla y Marquesado (; 31 August 1797 – 30 May 1867) was a Peruvian ''caudillo'' who served as President of Peru three times as well as the Interim President of Peru (Revolution Self-proclaimed President) in 1863. His earliest pr ...

, and was of a very liberal character, leading to the

Peruvian Civil War of 1856–1858 The Peruvian Civil War of 1856–1858, also known as the Arequipa Revolution of 1856, was one of the largest and most violent in Peru. It was the third internal conflict in 19th century Peru (after the Peruvian Civil War of 1834 and Peruvian Civ ...

1860 Constitution

The Political Constitution of Peru ( es, Constitución Política del Perú) 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 ( es, Constitución Política del Perú) was approved by the Constituent Assembly on August 29, 1867, and promulgated on the same day by provisional president

Mariano Ignacio Prado Mariano Ignacio Prado Ochoa (December 18, 1825 – May 5, 1901) was a Peruvian army general who served as the 16th (1865 - 1868) and 21st (1876 - 1879) President of Peru. Biography Born in Huánuco on December 18, 1825, he studied in Huanuco an ...

. Its extremely liberal nature led to a

civil war A civil war or intrastate war is a war between organized groups within the same 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 ...

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

1920 Constitution

The Constitution for the Republic of Peru ( es, Constitución para la República del Perú) was approved on December 27, 1919 and promulgated by president

Augusto B. Leguía Augusto Bernardino Leguía y Salcedo (February 19, 1863 – February 6, 1932) was a Peruvian politician who served as President of Peru from 1908 to 1912 and from 1919 to 1930, the latter term known as ''El Oncenio de Leguía'' (Leguía's E ...

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 ( es, Constitución Política del Perú) was promulgated on April 9, 1933 by president

Luis Miguel Sánchez Cerro Luis Miguel Sánchez Cerro (August 12, 1889 – April 30, 1933) was a high-ranking Peruvian army officer who served as the 41st President of Peru, from 1931 to 1933 as well as Interim President of Peru, officially as the President of the Pro ...

. The

Revolutionary Government of the Armed Forces of Peru The Revolutionary Government of the Armed Forces was a military dictatorship that ruled Peru from 1968 to 1980 after a successful coup d'état by the Armed Forces of Peru. The Revolutionary Junta, headed by Juan Velasco Alvarado, appointed him ...

established in 1968 after a successful

coup d'état A coup d'état (; French for 'stroke of state'), also known as a coup or overthrow, is a seizure and removal of a government and its powers. Typically, it is an illegal seizure of power by a political faction, politician, cult, rebel group, m ...

was the last to follow the constitution until its second phase, where president

Francisco Morales Bermúdez Francisco Remigio Morales Bermúdez Cerruti (4 October 1921 – 14 July 2022) was a Peruvian politician and general who was the ''de facto'' President of Peru (2nd President of the Revolutionary Government of the Armed Forces) between 1975 and ...

called for a new constitution to be established and for

general elections A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...

to be held.

1979 Constitution

The Constitution for the Republic of Peru ( es, Constitución para la República del Perú) 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 Fernando is a Spanish and Portuguese given name and a surname common in Spain, Portugal, Italy, France, Switzerland, former Spanish or Portuguese colonies in Latin America, Africa, the Philippines, India, and Sri Lanka. It is equivalent to the G ...

. 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 representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...

to all adults 18 or older.

References

External links

The Constitution of Peru

Former constitutions of Peru
*
English translation of the Political Constitution of Peru
- translated by staff of the Translation Bureau of the Congress of the Republic of Peru. {{Americas topic, Constitution of, title=Constitutions of states and dependencies in the Americas

Peruvian legislation 1823 establishments in Peru 1826 establishments in Peru 1828 establishments in Peru 1834 establishments in Peru 1839 establishments in Peru 1856 establishments in Peru 1860 establishments in Peru 1867 establishments in Peru 1920 establishments in Peru 1933 establishments in Peru 1979 establishments in Peru 1993 establishments in Peru