THE CABINET AND ADMINISTRATION.Beginning with the estatuto provisional promulgated by General San Martin in 1821, every constitution of the Peruvian republic has
specifically provided for ministers of state. In fact, the provisions
covering the ministers of state as found in the constitution of 1823
are not fundamentally different from those found in the constitution
of 1920. Although most of the early constitutions were very brief
in their provisions regarding the ministers, leaving to congress the
organization of the administrative departments, no law was passed
on the subject until 1856. This law was very materially altered by
the law of September 26, 1862, and since that time a number of other
laws have been passed making slight alterations. However, the
laws of 1856 and 1862 still remain the two principal organic laws
on the ministers.As we have already seen, the ministers of state in Peru do not
constitute a cabinet which is the real seat of governmental authority,
as in the parliamentary systems of Great Britain and France. Neither
are they merely advisers to the president and heads of the administrative department, as are members of the cabinet in the United
States. However, they resemble the latter much more closely than
they do the former, the principal difference being that they may appear
before the congress, and are personally and collectively responsible
for their acts to the congress as well as to the president.The functions and purpose of the ministers in the Peruvian system
of government have been well summarized as follows:
|1. ||To limit the personal power of the president, forcing him in all his
administrative acts to work in harmony with the department concerned,
and in exceptional cases to obtain the consent of the council of ministers.|
|2. ||To insure responsibility for the acts of the executive, who is practically
irresponsible during his term of office, by creating at his side functionaries
who must answer for any illegal acts of the government.|
|3. ||To give the president counselors who may aid him with their opinion
and advice that he may perform the more effectively the duties of his office.|
|4. ||To give the president collaborators who may aid him in the tasks
of the government.|
|5. ||To place at the head of the public services chiefs and directors who
in cooperation with the president, or by themselves alone in some cases,
may carry on their respective branches, and watch over and direct their
subordinates in the exercise of their functions.|
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: The Governmental System of Peru.
Contributors: Graham H. Stuart - Author, Carnegie Institution of Washington - OrganizationName.
Publisher: Carnegie Institution of Washington.
Place of publication: Washington, DC.
Publication year: 1925.
Page number: 51.
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