Analiza la sentencia relacionada con el caso PUCP y examina la argumentación del Tribunal Constitucional (del 17 de marzo de 2010) del Tribunal Constitucional Peruano.

The material patrimony of the Pontifical Catholic University of Peru is a complex issue since it is questioned how these will be managed and above all who will be the managers. The records indicate that several wills were issued, but there are two relevant wills. The first of these two was in 1933 and the second one in 1938. Recently, the PUCP requested a writ of amparo proceeding due to the violation of their constitutional rights as the right of property and the right of university autonomy. Thus, on March 17, 2010, the Constitutional Court declared the legal protection process unfounded in a judgment that deserves attention given its legal argumentative content. Based on this, the professor Manuel Atienza performs a cross-sectional analysis of the decision of each of the magistrates who issued the judgment. Consequently, this work evaluates the legal argumentation of the sentence hand...

This paper presents, in the form of dialogue, some reflections on the rule of law and the new paradigm of constitutionalism. According to Francisco Laporta, the rule of law has an impact not only on the functioning of the legal system, but also on one's daily life. This indicates that his position on constitutionalism or neo-constitutionalism is not totally contrary, recognizes the contributions of the Constitution, both in theory and in legal practice. However, it is contrary to the current conception of constitutionalism as a paradigm, that is, as a change in the theory of law. It also establishes some of the problems of this new paradigm, for example, the need for a theory of law for each country individually, since the basis of the paradigm is the existence or validity of a Constitution; In addition, this does not contemplate the possibility of the existence of a State without a cons...

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The material patrimony of the Pontifical Catholic University of Peru is a complex issue since it is questioned how these will be managed and above all who will be the managers. The records indicate that several wills were issued, but there are two relevant wills. The first of these two was in 1933 and the second one in 1938. Recently, the PUCP requested a writ of amparo proceeding due to the violation of their constitutional rights as the right of property and the right of university autonomy. Thus, on March 17, 2010, the Constitutional Court declared the legal protection process unfounded in a judgment that deserves attention given its legal argumentative content. Based on this, the professor Manuel Atienza performs a cross-sectional analysis of the decision of each of the magistrates who issued the judgment. Consequently, this work evaluates the legal argumentation of the sentence hand...

This paper presents, in the form of dialogue, some reflections on the rule of law and the new paradigm of constitutionalism. According to Francisco Laporta, the rule of law has an impact not only on the functioning of the legal system, but also on one's daily life. This indicates that his position on constitutionalism or neo-constitutionalism is not totally contrary, recognizes the contributions of the Constitution, both in theory and in legal practice. However, it is contrary to the current conception of constitutionalism as a paradigm, that is, as a change in the theory of law. It also establishes some of the problems of this new paradigm, for example, the need for a theory of law for each country individually, since the basis of the paradigm is the existence or validity of a Constitution; In addition, this does not contemplate the possibility of the existence of a State without a cons...