Decree Law 25418
Encyclopedia
Decree Law 25418 is a highly-controversial Peru
vian law decreed in April 1992 by then-President Alberto Fujimori
. The decree essentially provided the legal trappings for the coup d'état of April 15, 1992.
The decree renamed the government
, dissolved the Congress
, gave the Executive Branch all legislative powers, suspended much of the Constitution
, and gave the president the power to enact various reforms, such as the "application of drastic punishments" towards terrorists
and the "moralization" of the Judicial Branch
.
Although Decree Law 25418 was patently unconstitutional, its last article read "the articles of the Political Constitution and the legal norms that oppose this Decree Law are suspended," giving the decree theoretical supremacy over the Constitution. The Peruvian Congress rejected this claim and swore Máximo San Román, Fujimori's Vice President, into the presidency, but San Roman did not gain control over the state apparatus and was never the de facto president.
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
vian law decreed in April 1992 by then-President Alberto Fujimori
Alberto Fujimori
Alberto Fujimori Fujimori served as President of Peru from 28 July 1990 to 17 November 2000. A controversial figure, Fujimori has been credited with the creation of Fujimorism, uprooting terrorism in Peru and restoring its macroeconomic stability, though his methods have drawn charges of...
. The decree essentially provided the legal trappings for the coup d'état of April 15, 1992.
The decree renamed the government
Government of Peru
Peru is a presidential representative democratic republic with a multi-party system. Under the current constitution, the President is the head of state and government; he or she is elected for five years and cannot seek immediate re-election, he or she must stand down for at least one full...
, dissolved the Congress
Congress of Peru
The Congress of the Republic of Peru or the National Congress of Peru is the unicameral body that assumes legislative power in Peru.Congress consists of 130 members of congress , who are elected for five year periods in office on a proportional representation basis...
, gave the Executive Branch all legislative powers, suspended much of the Constitution
Constitution of Peru
The Constitution of Peru is the supreme law of Peru. The current constitution, enacted on December 31, 1993, is Peru's fifth in the 20th century and replaced the 1979 Constitution....
, and gave the president the power to enact various reforms, such as the "application of drastic punishments" towards terrorists
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
and the "moralization" of the Judicial Branch
Judicial System of Peru
The Judicial System of Peru, usually known as the Judicial Power in Peru, is an organism of the government of the Republic of Peru composed of a hierarchic organization of institutions, that exercise equal justice to all people....
.
Although Decree Law 25418 was patently unconstitutional, its last article read "the articles of the Political Constitution and the legal norms that oppose this Decree Law are suspended," giving the decree theoretical supremacy over the Constitution. The Peruvian Congress rejected this claim and swore Máximo San Román, Fujimori's Vice President, into the presidency, but San Roman did not gain control over the state apparatus and was never the de facto president.