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Peruvian State

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The Peruvian State , which is conceptually the Peruvian nation legally organized, is the entity that holds the government in the Republic of Peru. The state's structure is defined in the Constitution of Peru approved by referendum and promulgated in late 1993 and in force since January 1, 1994.

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35-453: Article No. 43 "The Republic of Peru is democratic, social, independent and sovereign." "The State is one and indivisible." "The government is unitary, representative and decentralized, and is organized according to the principle of separation of powers." — Constitution of Peru The Constitution states that the Republic of Peru is democratic, social, independent and sovereign. The government

70-477: A civil war which ended Prado's presidency and re-established the 1860 constitution. The Constitution for the Republic of Peru ( Spanish : Constitución para la República del Perú ) 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. The Political Constitution of Peru ( Spanish : Constitución Política del Perú )

105-597: 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. The Political Constitution of the Peruvian Republic ( Spanish : Constitución Política de la República Peruana ) was promulgated on March 18, 1828, by President José de la Mar . Despite its short duration, its importance lies in

140-528: 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. 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

175-683: A president within each other. The Constitution guarantees the right to the double instance , which the Supreme Court recognizes. In event that this right is failed, the appeals in the processes that interpose before the Superior Sectors, or it is brought before the Supreme Court. The Abrogation doctrine is also recognized by this court. Supreme Court of the Republic President Javier Arévalo Vela  [ es ] This article about government in Peru

210-417: A single chamber of 130 members elected by direct suffrage and multiple district in proportion to the population of each region ( Lima Region has 32 congressmen, Madre de Dios Region have one). The Congress is renewed every five years. The start and end dates of a constitutional term are the same that apply to the presidential constitutional term. The judicial function is performed by the judiciary, headed by

245-512: A unicameral 120 Congress of the Republic , not only affirmed the president's power to veto 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 cabinet members three times,

280-466: Is managed by a body called the Regional Government, consisting of a regional council, a presidency regional and regional Coordinating Council. Although there is currently no region RBCs have settled at the departmental level to lead the process of regionalization. Peru is a highly centralized country. Thus, in 2003 the central government concentrated 86% of revenue compared to 65% of the countries in

315-607: Is the supreme law of Peru . 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 Alberto Fujimori during the Peruvian Constitutional Crisis of 1992 that followed his 1992 dissolution of Congress , was promulgated on 29 December 1993. A Democratic Constitutional Congress (CCD)

350-501: Is unitary, representative and organized according to the principle of separation of powers is vested in a unitary state. It is formed by the executive, legislative, judicial branches and autonomous constitutional agencies. The Executive Branch is responsible for executing the government, enforcing laws and policies that the State promotes. It's formed by the office of the President of Peru ,

385-440: 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

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420-642: The Cabinet of Peru and the executive branch agencies. The President of the Republic, who is both head of state and head of government , personifies the nation, the office of the President and Vice Presidents throughout the country. The Cabinet of Peru , is composed by Ministers of State and chaired by the Prime Minister of Peru . The Legislative Branch is vested in the Congress of the Republic of Peru , consisting of

455-647: The Huancayo Constitution ( Spanish : Constitución de Huancayo ). It was promulgated on November 10, 1839, by provisional president Agustín Gamarra , and was of conservative nature, unlike its predecessors. The Political Constitution of the Peruvian Republic ( Spanish : 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 . It

490-704: The Supreme Court of Peru , which has jurisdiction over the entire territory. It is the body responsible for administering justice. The second hierarchical level is formed by the Superior Courts with jurisdiction over an entire Judicial District. The third level is formed by the Courts of First Instance whose competence is about provincial. Finally, the Justices of the Peace, with district competition. The Constitution, to safeguard

525-556: The death penalty . Supreme Court of Peru The Supreme Court of Justice is the highest judicial court in Peru . Its jurisdiction extends over the entire territory of the nation. It is headquartered in the Palace of Justice in Lima . The current president of the Supreme Court is Javier Arévalo Vela. The supreme court is composed of three Supreme Sectors: Integrated into the Supreme Court are

560-540: 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 and Pedro Castillo . Notable public support for a constituent assembly and a new constitution began during

595-417: The Peruvian Republic ( Spanish : Constitución Política de la República Peruana ) 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. The Constitution for

630-529: The Peruvian Republic ( Spanish : Constitución para la República Peruana ), also known as the Lifetime Constitution ( Spanish : Constitución Vitalicia ) 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

665-625: 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

700-453: The Republic of Peru ( Spanish : Constitución para la República del Perú ) 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

735-421: The constitution, are the provinces, districts and towns. These districts are administered by municipalities, consisting of a Mayor and City Council, which in turn directs the municipal companies. Constitution of Peru Supreme Court of the Republic President Javier Arévalo Vela  [ es ] The Political Constitution of Republic of Peru ( Spanish : Constitución Política del Perú )

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770-584: 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. The Political Constitution of the Peruvian Republic ( Spanish : Constitución Política de la República Peruana ) was approved by a General Congress in Huancayo , leading to it being also known as

805-514: 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. Following

840-414: The fact that it laid the constitutional foundations of Peru, serving as a model for the following constitutions, for almost a century. The Political Constitution of the Peruvian Republic ( Spanish : 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 . This document legally paved

875-734: 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. Since the 2020 Peruvian protests , calls for the creation of a constituent assembly have been made in Peru, with the majority of Peruvians showing approval of a new constitution in 2023. 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). The Political Constitution of

910-425: The process was not successful due to the conflicts in the political influence and the distribution of the budget, transfer of skills disorganized, inconsistency with the tax system, and the system of choice it was for regional assemblies. In 1992 suspended the process and replaced by decentralized administration of the central government called CTAR-Transitory Councils of Regional Administration, in every department, and

945-456: The region and 54% in developed countries, public spending of subnational governments was 12% compared to total expenditure, while in the countries of Latin America is 35%, and in most developed countries is 43%. Lima accounts for about 86% of tax revenues. PAGE 24: http://idbdocs.iadb.org/wsdocs/getdocument.aspx?docnum=917346 decentralization Early efforts began in 1985, when 12 regions were created:

980-411: The rule of law and greater efficiency in the execution of some tasks, has created some autonomous agencies, which do not depend on any of the branches of government: The regional level, as stated in the constitution, corresponds to the regions and departments. Currently, the country has no regions and each department is expected to join some (I) other (s) to form regions. The administration of each region

1015-741: The supreme speakers and supreme provisionary speakers, who substitute the supreme speakers in case of absence. The supreme speakers are distributed into each one of the Supreme Sectors that the law establishes. The president of the Supreme Court and the chief speaker of the Office of the Control of the Magistrature are not integrated into any Supreme Sector. The Supreme Court consists of three permanent Supreme Sectors (Civil, Criminal, and Constitutional and Social). Each Supreme Sector has five supreme speakers who elect

1050-531: 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 . 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

1085-500: 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. The Political Constitution of Peru ( Spanish : 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 . Its extremely liberal nature led to

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1120-435: Was accentuated centralism. In 2001, the decentralization process is revitalized with a broad consensus. The organizing principles of the law are: you create regional governments based on historical departments, providing incentives for voluntary merger, clearly defined responsibilities, there is a neutrality and fiscal responsibility is gradually transferred services, no transparency in the process. The local level, as stated in

1155-399: 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 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

1190-463: 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. The Constitution for

1225-477: 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 . The Political Constitution of Peru ( Spanish : 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

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