The Debate on Constitutional Change in Peru: A Critical Vision

This chapter examines the context of the current debate on constitutional reform in Peru. It begins by outlining the Constitutional Court’s position on the matter and the categories it has developed to distinguish between two situations: (1) partial reform in the strict sense, and (2) partial reform that, although framed as such, indirectly effects a change in the Constitution’s identity. This chapter then turns to the theoretical distinction between constitutional reform and constitutional change in the Peruvian context. Constitutional reform, as an expression of constituted power, operates within the existing constitutional framework. Constitutional change, as an expression of constituent power, entails the complete replacement of that framework. The latter occurs outside the boundaries of constituted power and, to qualify as such, must be consistent with the principle of popular sovereignty. Finally, the chapter considers the conditions under which constitutional change may occur, drawing on both doctrine and comparative experience. In this regard, it emphasizes the importance of democratic inclusion, ensured through broad, plural, and robust spaces for public deliberation. It also highlights the identification of the constituent moment clearly, as this is key to providing legitimacy to the entire process.