Riforma costituzionale e potere costituente in Perù In cerca della nuova Costituzione

Abstract

Constitutional reform and constituent power in Peru. In search of the new Constitution – This work aims at reflecting on the constituent power as an actor in the process of constitutional reform to develop an order in opposition to the interests and rights of the original communities and the great social majorities in Peru: an order to accommodate the power of elites throughout the republican history. Therefore, there is an obligatory historical approach that seeks to reconstruct the pieces of the hegemonic constitutional theory in the constituent process. This work focuses on this subject in order to compare its tenets with some of the most representative theories of classical constitutional thought on constituent power, constitutional reform and the meaning of constitutional order. In its final part, the work stresses the relevance of cultural diversity in the Peruvian constitutional system and argues in favor of the need of rescuing the constitutional order which, through a new Constitution, is open to the full participation of all citizens.