Understanding Nation, State, and Rule of Law in Peru
Nation and State: Key Concepts
Nation: A group of people united by material and spiritual ties (shared culture, ethnicity, or religion). It evolves into a political society to establish an organization (laws and authorities) with common goals. Most nations have achieved this through state organization.
State: A politically organized group of people within a defined territory, united under a single authority and common goals that bind them together.
Elements of the State: Territory, rule of law, sovereignty, law, government, community, population.
Law: A set of social and legal standards governing the conduct of members of a community.
Sovereignty: The attribute by which the State has the power to make and enforce its decisions within its territory; that is, it can exercise its power.
Rule of Law: The principle that emphasizes the supremacy of and respect for the law above all else, and the subjection of everyone (including the state) to the law.
The Republic of Peru: A Case Study
The Republic of Peru is democratic, social, sovereign, and independent (Article 43). The State is one and indivisible. Its government is unitary, representative, and decentralized. Its government originates from the separation of powers.
The Republic of Peru is democratic because it has a democratic form of government where power resides in the people, embodied in the supreme leader, the president, whose policy favors the people’s participation in government.
The Republic of Peru is social because it seeks the realization of the individual within society. The State is interested in the people as a community, their development in a context of harmony, social justice, and, above all, peace.
It is independent because it is not subordinate to another State. It is sovereign, exercising its power without restrictions within the national territory and negotiating with other States on equal terms internationally.
Government Structure of Peru
Form of government: Unitary, meaning there is a national government that is sovereign and can take steps to establish national standards on any matter for the entire territory and its inhabitants.
The government is one and indivisible, meaning there is a central government, one constitution, and all people must obey the same laws.
It is representative; the rulers are elected by the people to represent them. Furthermore, power cannot be exercised arbitrarily but under the rules determined by the Constitution and the laws.
It is decentralized because power is distributed at various levels. While there is a unitary government, certain responsibilities belong not to it but to regional and local governments.
Principles of the Peruvian Rule of Law
- Rule of Law: This is the government of laws, not of people (respect for the law, protection).
- Control of Constitutionality: Ensures that laws respect dignity and individual freedom is not violated.
- Separation of Powers and Functions: Prevents any single person or group from controlling all power.
- Equality Before the Law: Everyone has the same opportunities. Objective application of the law.
- Individual Freedom: The right to do what the law allows or does not prohibit.