From the Breakdown of Oligarchic Domination to Neoliberal Governance: The Impact of the Shining Path on Peru’s Constitutional Democratic Order Maxwell A. Cameron Department of Political Science University of British Columbia Vancouver, Canada V6T 1Z1 Email:
[email protected] December 22, 2015 Author’s note: This is a revised version of a paper presented in a workshop at DRCLAS, Harvard University, May 19-20, 2014. I am grateful to Hillel Soifer, Alberto Vergara, Teivo Teivainen and Francisco Durand for advice and guidance in preparing this paper. 1 Introduction What impact did the Partido Comunista del Perú-Sendero Luminoso—the Shining Path—have on the development of Peru’s constitutional order? This chapter approaches the problem through the lens of comparative constitutionalism. The Constitution of 1979 was written at the end of military rule, just before the Shining Path’s “initiation of armed struggle.” The Constitution of 1993 was written in the aftermath of President Alberto Fujimori’s 1992 presidential self-coup, or autogolpe, which was justified by the need for emergency measures to fight the counter- insurgency war. Whereas the first constitution preceded Peru’s internal conflict, the second followed it. By comparing the two documents we can begin to assess the legacy of the internal conflict. Two central lessons emerge. The first is that the Shining Path crucially influenced the development of Peru’s constitutional order. Analysts agree that the 1993 constitution was more authoritarian and neoliberal than its 1979 predecessor (Mauceri 1996; Teivainen 2002; Planas 1999). It rolled back social features of the 1979 constitution, and facilitated the concentration of power in the hands of the executive branch of government.1 It also proved remarkably enduring.