Philip Iruri Davilalawyer and current public defender, was summoned by the Bar Association of Fist to speak in the discussion “Chess with trap: A look at the balance of powers.” In the event, the change of the Constitution and how the restriction of the fundamental right to referendum for constitutional reform initiatives, which was promoted by the Congress of the Republic.
According to Iruri Davilathe referendum is the right that citizens have in the public and political affairs of a State. In this framework, he considered that the referendum is the only way to know if the citizens agree or not with the change of the Marga Charter via the constituent assembly.
He recalled that from a legal and political perspective, the Constitution has the purpose of ensuring the full validity of fundamental rights and consecrate the basic conditions for the development of man in a society. Does this Constitution allow the development of all?, she asked.
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He noted that the pandemic stripped the Peruvian reality because it became clear that the citizen is at the mercy of the market. From his perspective, Peru does not produce a single chinstrap and he believes that if technology for it or programs that promote technological development were not developed, it is because the current Constitution tied the State hand and foot. He believes that under that line there are the conditions to opt for the change of the Constitution, due to the reality that the country is experiencing.
“The change of the Constitution is attribution of the people and not of a congressman”, he said. In this framework, he was against the decision of the Congress which approved Law 31399, which establishes that any constitutional reform via referendum must be previously approved by Parliament.
Iruri said that he constitutional Court It must declare the unconstitutionality of the aforementioned law, because it violates article 2, paragraph 17 of the Magna Carta, which recognizes the fundamental right of citizens to political participation through a referendum.
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“It also contravenes article 31 of the Magna Carta, which recognizes the right of everyone to participate in public affairs through a referendum,” he said.
Finally, he assured that each norm and especially the Constitution of a country, has value, a philosophy or interest of each dominant social group. In this context, he specified that there is political and economic interest in continuing to maintain the current Constitution of 1993.
