In Peru, executive will file lawsuit claiming that legislative approval of constitutional reform before referendum is unconstitutional

By Andina, 24 January 2022
Referendum in Peru (photo credit: pressenza.com)
Referendum in Peru (photo credit: pressenza.com)
The Executive Branch will file an unconstitutionality claim before the Constitutional Court against the regulation which establishes that any constitutional reform must be approved by the Legislative Branch before being submitted to referendum. In a statement, the Council of Ministers indicated that the aforementioned bill violates the fundamental right of citizens to direct political participation, recognized in Article 31 of the Constitution and Article 23 of the American Convention on Human Rights. "(...) for arbitrarily restricting the holding of a referendum and conditioning the popular consultation to be previously approved by Congress, which would be fully unconstitutional," it pointed out. The Executive Branch explained that the regulation, approved by insistence at a Congress' plenary session last Friday, also violates constitutional principles such as the balance of powers and democracy. "The referendum is the highest expression of the democratic principle, since it constitutes a statement by the people, who hold the constituent power, as established in Article 45 of the Constitution," it specified.
Read the full article here: Andina

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