“The new design has given the Legislative branch preeminence over the Executive. This means, among other things, that the Senate cannot be dissolved under any circumstances, which will weaken the Executive’s ability to act if it lacks a parliamentary majority.”
The Importance of the Senate in the Upcoming General Elections
By Javier La Rosa Calle*
As the date of the general elections, scheduled for April 2026, approaches, some of the concerns that arose after the approval of the constitutional reforms that reinstated bicameralism in Peru, with the reappearance of the Chamber of Deputies and the Senate, are becoming more evident and are being confirmed.
These concerns not only revolve around the redesign of the political system, but also point to the profound implications this change will have on the balance of power and the very structure of the Peruvian state.
The reestablishment of the Senate, in particular, has generated debates about the role this chamber will play and the influence it could have on the Executive branch, as well as about the importance of the election of its members and the impact of its new constitutional powers on the national democratic process.
Indeed, Law 31988, the constitutional reform law published on March 20, 2024, reconfigured part of the organic and political structure of the Peruvian State. This represented one of the most significant institutional changes in recent decades and will have a series of effects beginning on July 28, 2026, when this new state structure comes into effect.
We believe that this reform, along with other legislative modifications, has not only redesigned the Peruvian political system, but has fundamentally undermined one of the central characteristics of any democratic regime: the checks and balances that must exist between the branches of government to create a balanced system that prevents discretionary power and abuses.
We believe that this reestablishment of a bicameral legislature was intended to alter the Peruvian constitutional design, promoting the dominance of the Legislative branch over the Executive, thus breaking with a historical tradition of moderate presidentialism that had prevailed for the last fifty years. It is no coincidence that a dominant position has been promoted for the Senate, which will be elected on April 12th.
Thus, when reviewing the approved constitutional reforms, it is observed that the next Senate will have a series of powers, including legislative and political oversight. They will be able to elect the justices of the Constitutional Court, the Ombudsman, and the directors of the Central Reserve Bank, ratify its president, and appoint the Comptroller General of the Republic.
Likewise, they will have the power to review and amend bills proposed in the Chamber of Deputies and approve the final text. Additionally, they will have the power to remove high-ranking state officials who have special legal protections.
It is therefore no small matter to seriously consider who will be elected to the Senate. Even the possibility of restoring the currently nonexistent democratic balance will depend on whether representatives from democratic sectors are elected or whether the congressmen who promoted this institutional regression and who aspire to reelection remain in office.
Thus, when we maintain that the new design has given preeminence to the Legislative branch over the Executive, it implies, among other things, that the Senate cannot be dissolved under any circumstances, which will weaken the Executive’s ability to act if it lacks a parliamentary majority. Additionally, with the new system, it will be very difficult for the government to operate independently of legislative oversight, subordinating state action to controversial interests.
That is why it is crucial to choose our senators wisely, ensuring they are not only competent individuals, but above all, possess democratic credentials and the willingness to represent the interests of the majority of citizens, not private interests, whether legal or illegal.
* Javier La Rosa Calle is a lawyer and university professor.