Constituent Assembly of Peru

Constituent Assembly

Asamblea Constituyente
Constituent Assembly; Asamblea Constituyente
Republic of Peru
Type
Type	Unicameral
History
Established	28 July 1978
Disbanded	13 July 1979
Preceded by	Congress of the Republic of Peru
Succeeded by	Congress of the Republic of Peru
Leadership
President of the Constituent Assembly	Víctor Raúl Haya de la Torre, Peruvian Aprista Party
Seats	100
Meeting place
	Legislative Palace (Peru)

The Constituent Assembly was the tenth Constituent Assembly of Peru, convened by the government of General Francisco Morales Bermudez to facilitate the return of democracy following a decade of the self-styled Revolutionary Government of the Armed Forces. It was settled on 28 July 1978 and was led by Víctor Raúl Haya de la Torre, historical leader of the American Popular Revolutionary Alliance. Its main mission was to develop a new constitution replacing the old 1933 Constitution. This new Constitution was enacted and promulgated on 12 July 1979, and entered into force on 28 July 1980, on the opening of the constitutional government of the architect Fernando Belaúnde Terry. It was replaced 14 years later by the 1993 Constitution.

Composition and Structure

The main innovations of this Constitution, compared to its predecessor, were:

The President, the two Vice-Presidents and members of Congress (deputies and senators) would be elected jointly every five years in general elections (previous renovations were abolished parliamentary by thirds or halves)
The set up the second round of the elections for President, should not reach more than half (50% plus one) of the votes validly cast
Strengthened the authority of the President of the Republic. This could be seen "in whole or in part" the bills passed in Congress and could dissolve the House of Deputies if it censured three of the Presidential Cabinet. Could also grant pardons and commute sentences. It also gave him more power over the budget, which allowed a greater capacity to implement its policies.
Corrected parliamentary excessive powers referred to in the Constitution of 1933
Limited death penalty only for cases of treason in foreign war. It was abolished for crimes like murder and others included in the law.
Established citizenship for all Peruvians from 18 years (before the minimum age was 21 years)
It repealed the restriction on voting by illiterate
Watched the insurgency right (obviously, to defend the constitutional order and not to alter or bruise)
Created the Constitutional Tribunal of Peru, as the controlling body of the Constitution
On the economic side, the rules would be the social market economy, corporate pluralism and freedom of trade and industry