Peru: Executive Branch to file unconstitutionality claim against referendum law

Photo: ANDINA/Renato Pajuelo

Photo: ANDINA/Renato Pajuelo

11:09 | Lima, Jan. 22.

The Executive Branch will file an unconstitutionality claim before the Constitutional Court against the regulation which establishes that any constitutional reform must be approved by the Legislative Branch before being submitted to referendum.

In a statement, the Council of Ministers indicated that the aforementioned bill violates the fundamental right of citizens to direct political participation, recognized in Article 31 of the Constitution and Article 23 of the American Convention on Human Rights.

"(...) for arbitrarily restricting the holding of a referendum and conditioning the popular consultation to be previously approved by Congress, which would be fully unconstitutional," it pointed out.

The Executive Branch explained that the regulation, approved by insistence at a Congress' plenary session last Friday, also violates constitutional principles such as the balance of powers and democracy.

"The referendum is the highest expression of the democratic principle, since it constitutes a statement by the people, who hold the constituent power, as established in Article 45 of the Constitution," it specified.

In addition, the Executive Branch affirmed it is "inconceivable" that in a democracy the right of citizens to decide directly on the different spheres of society is ignored, "not only because it is a direct manifestation of human dignity, but because it is guarantee for the exercise of other fundamental rights."

"The Ministerial Cabinet deplores the fact that Congress of the Republic has not promoted a broad debate on this regulation, supported by technical opinions and, above all, not allowed citizen participation, since it undermines a right such as referendum by conditioning all matters subject to popular consultation," it added.

In this sense, the Executive Branch assured that the Council of Ministers will continue to defend the people from this type of decisions adopted (by Congress) "with the back to the population, which in its legitimate right wishes to organize itself to make its voice heard as it feels that it is not heard enough."

"(...) And it will insist on the defense of the democratic principles which are the fundamental basis for the construction of a country that promotes justice and the well-being of its entire population," the Council of Ministers concluded.


Published: 1/22/2022
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