The Minister of Justice and Human Rights, Hannibal Torres, was against the law that Congress approved to establish that any constitutional reform will be approved first by Parliament before a popular consultation (referendum) for a constituent assembly.
Through his social networks, Torres mentioned that no constituted body is above the constituent power. This was pronounced after the congressmen of Fuerza Popular, Renovación Popular, Avanza País, Alianza para el Progreso (APP), Acción Popular and Podemos Peru approved the opinion of the replacement text of the Constitution Commission that rejects constitutional reforms through referendum.
”No constituted body is above the constituent power. No one can usurp the original and sovereign power of the people to express their will in a democracy by means of a referendum. Only the tyranny of a constituted body can limit or suppress sovereign power ”, wrote on his Twitter account.
Amendment to the Constitution
The approval implies that the replacement text modifies article 40 of Law 26300, Law on the Rights of Participation and Citizen Control, so that a popular consultation is not called “that has not gone through the processing of the first paragraph of Article 206 of the Constitution.”
Said article states that any reform of the Magna Carta must be approved by a simple majority in Congress and then be ratified in citizen consultation or receive the permission of 87 congressmen in two plenary sessions of different legislatures.
Yes OK Free Peru It had been collecting signatures, protected by Article 32 of the Constitution, to modify the Magna Carta via popular consultation and specify the convocation of a constituent assembly, this is no longer feasible.
Now everything is different, because the party will have to choose to present a constitutional reform bill, discuss it in the Constitution Commission and vote its approval in the plenary session of Congress. If approved by a simple majority of parliamentarians, a popular consultation may only be convened.
They ask Pedro Castillo to enact law
In an open letter, the Integrity citizen movement requested the President of the Republic, Pedro Castillo, that, “honoring his own statements, proceed to promulgate the law that has been sent to his office, demonstrating to Peru that the ‘word of the teacher’ has an unbreakable value, and that it is respectful of the current Constitution.”
The letter from the group founded by lawyer Jorge Lazarte details the following: “Congress has approved bill 644-2021-CR, whose signature was received in his office on December 17, 2021, at 9:31 a.m. , which reflects exactly what you said in your message to the nation, and makes it clear that it is not possible to call a referendum on constitutional reform, without prior approval by Congress “.