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
Board
Representatives
- Peruvian Aprista Party
- Christian People's Party
- Popular Workers Student Farmers Front
- 63. Hugo Blanco
- 64. Genaro Ledesma
- 65. Magda Benavides Morales
- 66. Hernán Cuentas Anci
- 67. German Chamba Calle
- 68. Ricardo Napuri Schapiro
- 69. Enrique Fernández Chacón
- 70. Juan Cornejo Gómez
- 71. César Augusto Mateu Moya
- 72. Romain Ovidio Montoya Chávez
- 73. Victoriano Lázaro Gutiérrez
- 74. Saturnino Paredes Macedo
- Peruvian Communist Party
- Revolutionary Socialist Party
- 81. Antonio Aragón Gallegos
- 82. Miguel Echeandía Urbina
- 83. Avelino Mar Arias
- 84. Antonio Meza Cuadra
- 85. Leonidas Rodríguez Figueroa
- 86. Alberto Ruiz Eldredge
- Popular Democratic Union
- 87. Carlos Malpica Silva Santisteban
- 88. Javier Diez Canseco
- 89. Ricardo Díaz Chávez
- 90. Víctor Cuadros Paredes
- Workers and Farmers National Front
- Christian Democrat Party
- Peruvian Democratic Movement
- 97. Marco Antonio Garrido Malo
- 98. Javier Ortiz de Zevallos
- Odriist National Union
- 99. Manuel Adrianzen Castillo
- 100. Víctor Freundt Rosell
Innovations of the Constitution
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
