Power of the law or power of the sword: the conflictive relationship between the executive and the legislative in nineteenth-century Peru

ABSTRACT

The Peruvian parliament was a central institution in the early republic, but so far very little has been written on its history. This is due to the fact that military leaders took control of power for most of the nineteenth century. This article reflects on three main questions: what was the role of the legislative in nineteenth-century Peru? What was its relationship with the executive power? And what part did conflict play in these relationships? Most initial congresses were tasked with writing up constitutions, because institutions had to be created, and there was a strong belief that having a written charter mattered. The strongmen who took power felt the need to obtain legitimacy from both constitutions, and elections, but often did not see eye to eye with congress. This led congress to be closed, particularly when legislators refused to bow down to presidential power.