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On the Brink of a Federal State? The Decentralisation Model of the Peruvian Constitution

In 2001, constitutional amendments significantly changed the Peruvian Constitution’s chapter on decentralisation. A distribution of competencies was introduced and various organic laws were enacted in this domain. More than a decade later, the decentralisation process is still work in progress. In this article, I will analyse the relevant case law of the Constitutional Court and the most important constitutional and organic provisions in the field of decentralisation to highlight the most crucial problem areas of the decentralisation process. I will examine the question of whether Peru is a unitary or a federal state by means of comparative standards of federalism and through references to other decentralised systems.

 

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