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57. Under extraordinary circumstances of social nee:1 laws may be enacted or the Executive authorised to adopt provisions tending to cheapen articles of consumption; the appropriation of goods may in no case be ordered, however, without due payment.

58. The State shall protect the native race and shall enact special laws for its development and education in harmony with its needs.

The nation recognises the legal existence of native communities, and the law shall declare the rights that correspond to them.

Title V.-Peruvians.

59. Peruvians by birth are:

(1.) Those born in the territory of the Republic.

(2.) The children of a Peruvian father or a Peruvian mother who are born abroad and whose names have been entered in the civil register, by the wish of their parents, during their minority, or by their own wish after they have come of age or have been emancipated.

60. Naturalised Peruvians are:

Aliens over 21 years of age who have resided over two years in Peru and who register in the civil register in the manner provided by the law.

61. All Peruvians are compelled to serve the Republic with their persons and their property in the manner and proportion provided by the law. Military service is compulsory for all Peruvians. The law shall determine how such service shall be rendered and the cases for exemption.

Title VI.-Citizenship and Electoral Rights and Liberties.

62. Citizens over 21 years of age, and those who are married even though under such age, are enfranchised citizens.

63. The rights of citizenship are suspended:

Through being incapable in law.

Through being the defendant in a criminal suit and being sentenced to imprisonment by an unappealed ruling.

On account of a judicial ruling which imposes the aforementioned sentence and during the term thereof.

64. The rights of citizenship are lost through having become naturalised in another country, but may be recovered through re-inscription in the civil register, provided one is resident in the Republic.

65. The citizen may obtain any public appointment provided he qualifies according to the law.

66. Citizens who can read and write are entitled to the rights of suffrage.

A citizen who is not inscribed in the military register can neither vote nor be elected President of the Republic, Senator or Representative.

67. Suffrage, at political elections, shall be exercised in accordance with the electoral law and on the following bases:

(1.) The permanent register for inscriptions.

(2.) Direct popular vote.

(3.) Jurisdiction of the judicial power, in the manner provided by the law, to guarantee electoral procedure, the Supreme Court being called upon to judge of the proceedings and to impose the fines due in the cases likewise provided by the law.

Title VII.-The Form of Government.

68. The Government of Peru is republican, democratic representative and based on unity.

69. The public functions are exercised by those charged with the legislative, executive and judicial powers, and none of them may overstep the limits provided in this Constitution.

70. The renewal of the legislative power shall be total and must necessarily coincide with the renewal of the executive power. The term of office of these two powers shall be five years. Senators, Representatives and the President of the Republic shall be elected by direct popular vote.

Title VIII.-The Legislative Power.

71. The legislative power shall be exercised by Congress in the manner provided in this Constitution.

72. The legislative power comprises a Senate composed of 35 Senators and a House composed of 110 Representatives. Such numbers may not be changed save through a consti. tutional amendment. An organic law shall appoint the departmental and provincial circumscriptions and the number of Senators and Representatives that each may elect.

73. Vacancies in Congress shall be filled by means of byelections. A Senator or Representative elected to fill a vacancy shall hold office during the remainder of the legislative period.

74. To become a national or regional Representative it is

necessary:

(1.) To be a Peruvian by birth.

(2.) To be an enfranchised citizen.
(3.) To be 25 years of age.

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(4.) To be a native of the department to which the Province belongs or to have resided therein for a duly proved period of two years.

75. To become a Senator it is necessary:

(1.) To be a Peruvian by birth.

(2.) To be an enfranchised citizen.

(3.) To be 35 years of age.

76. The following may not be elected Senator for any department or Representative for any Provinces:

(1.) The President of the Republic, Ministers of State, Prefects, Sub-Prefects and Governors, unless they have resigned office two months prior to the election.

(2.) The judges and attorneys of the Supreme Court, the judges and attorneys of the Superior Courts, the judges of first instance and the fiscal agents.

(3.) Public servants who are liable to be discharged directly by the Executive and soldiers on duty at the time of the election.

(4.) Archbishops, bishops, ecclesiastical governors, capitular vicars and vicars-general for the department or Provinces of their respective dioceses; and the clergy for the Provinces to which their parishes belong.

77. Incompatibility exists between the office of Senator or Representative and all public employment, whether under the national Administration or local. volent institutions or of corporations in any way dependent Employees of beneon the State are included in this incompatibility.

78. The Ordinary Congress shall assemble every year on the 28th day of July, whether called or not; and it shall sit for not less than 90 days or over 120 days within the year. The Extraordinary Congress shall be convoked by the Executive whenever the latter deems it necessary.

An Ordinary Congress which has not approved the Budget may not close its sessions until its maximum period has expired. An Extraordinary Congress shall rise after it has fulfilled the purpose it was called for, and may not sit over forty-five working days. possess powers equal to those of Ordinary Congresses, but Extraordinary Congresses shall give their preferential attention to the matters or account of which they have been called.

79. For Congress to open session it is indispensable that 60 per cent. of the members of each House shall have assembled.

80. From one month before the opening until one month after the closing of the sessions, Senators and Representatives are inviolable in the exercise of their functions and may neither be accused nor arrested without the prior authorisation of the House to which they belong, unless caught in the act,

in which case they shall be immediately placed at the disposal of their respective House.

81. The office of Senator or Representative becomes de facto vacant through the acceptance of any employment, post or benefice appointed, presented or proposed by the Executive. Only the offices of Minister of State or of those charged, with extraordinary international commissions are exempt with the approval of the respective House, and the absence in such case of the Senator or Representative entrusted with such commission may not last over one Ordinary Legislature. Unremunerated commissions from the Executive may also be accepted.

82. Senators and Representatives may be re-elected, and may then only resign office.

83. The attributes of Congress are:

(1.) To enact laws, to interpret, amend and to repeal existing laws.

(2.) To open and close its sessions at the time fixed by law.

(3.) To appoint the place where it will hold its sessions and to decide whether or not troops shall be stationed, at what distance and in what number.

(4.) To examine spontaneously infringements of the Constitution, and to provide the proper means to render effective the responsibility of such infringers.

(5.) To levy taxes subject to the provisions of Article 7, to abolish existing taxes, to sanction the Budget, and to approve or disapprove of the expenditure account submitted by the Executive in accordance with Article 129.

(6.) To empower the Executive to negotiate loans pledging the National Treasury and appointing funds for the

amortisation.

(7.) To recognise the National Debt and to indicate the means to consolidate and amortise the same.

(8.) To create and suppress public appointments and to assign their salaries.

(9.) To determine the grade, weight, model and denomination of currency and also standard weights and measures. (10.) To enact tariffs.

(11.) To empower the Executive to enter into contracts in which the property or general revenue of the State are given as security, which contracts shall be submitted to the Legislature for approval.

(12.) To proclaim the election of the President of the Republic, and to make such election in the cases provided in Article 116 of this Constitution.

(13.) To accept or to reject the resignation of the Executive.

(14.) To decide concerning the incapacity of the President in the cases referred to in paragraph (1) of Article 115.

(15.) To approve or disapprove of the estimate drawn up by the Executive, in accordance with the law, for generals, admirals, rear-admirals, colonels and naval captains.

(16.) To give or to withhold consent for the entry of foreign troops into the Republic's territory.

(17.) To decide upon the declaration of war proposed by the Executive or after such Executive has reported thereupon, and to request the Executive in due course to negotiate peace.

(18.) To approve or disapprove of peace treaties, concordats, and other covenants entered into with foreign Governments.

(19.) To enact the provisions necessary to the exercising of the right of patronage.

(20.) To grant amnesties and pardons.

(21.) To enact the laws and resolutions referred to in Article 36.

(22.) To decide in each Ordinary Legislature, and in Extraordinary Legislatures when necessary, upon the land and sea forces to be maintained by the State.

(23.) To divide and demarcate the national territory.

(24.) To reward towns, corporations, or individuals for eminent services rendered to the nation, in accordance with the provisions of Article 85.

(25.) To approve or disapprove of the resolutions adopted by Regional Congresses which have been vetoed by the Executive.

84. Two-thirds of the votes of each House are necessary to the exercising of the attribute provided in paragraph 24 of Article 83.

85. Congress may not grant personal rewards that will cause expense to the Treasury; nor may it raise the salaries of officials or public servants save when proposed by the Government.

86. Congress shall each year vote the General Budget of the Republic which is to come into force the following year. Government without a Budget shall under no circumstances be allowed, and if owing to any cause such Budget is not ready before the commencement of the following year Congress, whether then sitting or specially assembled, shall rule that, until the definite Budget is voted, either that of the preceding year-by twelfth parts-or the one submitted by the Government shall be in force.

87. Congress, should the Government fail to do so, shall call for general elections, and each House for a by-election when a vacancy occurs therein.

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