The Constitutional Court (CT) published today the ruling declaring unfounded the unconstitutionality claim filed by the government of Pedro Castillo against Law 31399, which regulates citizen participation through referendum.
The Executive claimed that this norm contradicted the Magna Carta because it prevented citizens from proposing changes in certain matters that were not seen by the Congress of the Republic.
However, the Constitutional Court rejected this argument by pointing out that, precisely, article 206 of the Constitution clearly states that in order to carry out a partial or complete constitutional reform –whether or not from the popular consultation– it must be previously approved by Parliament.
LOOK: Constitutional Court declared unfounded the Executive’s demand against Law 31399 on the referendum
“Peru subscribes to a representative democracy and is expressed in political pluralism in Congress, where the prevailing forces legitimately come together and act on behalf of the community,” the ruling reads.
Likewise, it is clarified that the aforementioned law does not hinder the government to dictate its general policy since it is not the responsibility of the Executive to “impose a constitutional reform” nor of the Legislative “to carry it out with simple majorities or without citizen validation.”
“The constitutional mandate that establishes the participation of the people to completely reform the Constitution via referendum (…) must be interpreted taking into account the design of the constituent process or iter, in which the people must be consulted to approve the new Fundamental Text, after the corresponding debate and deliberation in the Congress of the Republic”, concludes the resolution.
In this way, the initiative of congressman Guillermo Bermejo (Democratic Change) to modify the Magna Carta after obtaining the approval of the citizenry through the referendum, bypassing Congress, remains without a floor.
Bermejo had already started collecting citizen signatures to seek to establish a Constituent Assembly that would draft a new Constitution.
Keep in mind
Five magistrates voted in favor of rejecting the government’s appeal: Francisco Morales Saravia, Luz Pacheco Zerga, Gustavo Gutiérrez Ticse, Helder Domínguez Haro and Manuel Monteagudo Valdez.
– Magistrate César Ochoa Cardich issued a singular vote in favor of declaring the lawsuit founded.
