Constitutional Reform of National Legislatures
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Constitutional Reform of National Legislatures

Bicameralism under Pressure

Edited by Richard Albert, Antonia Baraggia and Cristina Fasone

Despite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives.
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Chapter 9: Defending bicameralism and equalising powers: The case of Peru

Diego Serra

Abstract

This chapter explores the relationship between bicameralism and the separation-of-power doctrine through the case of Peru, the most parliamentarised presidentialism in Latin America. In 1992, the Constituent Assembly of Peru proposed to establish only one chamber, along with a Permanent Commission (or Committee) that would take most of the former Peruvian Senate’s competencies. The Permanent Commission of Peru has a long history, since its origins lie in the Diputación Permanente of the Constitution of Cadiz. The purpose of this chapter is twofold as it aims to determine: whether the Permanent Commission can be conceived as a second chamber under the justifications and the rationales provided in the literature; and whether, and to what extent, bicameralism should be regarded as a cornerstone of the separation-of-power doctrine.

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