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What role does the media fulfill in the current stage of Latin American democracy? In all cases, is the possibility of regulating the media incompatiblewith the freedom of speech and enterprise of thepeople who own it?In this article, the renowned author shows his point of view regarding these questions, as well as offering a critique related to how the relationship between the media and democracy has been developing in our society. Lastly, he presents a proposal of media regulation in order to make democracy viable, but without   compromising constitutional freedoms.

No presenta resumen

Modern democracy requires the power influencing the constitution of the political society be controlled democratically and help the system to be perpetuated with due guarantees of its citizens’ freedoms. With the development of communications technology, radio and television, which use bandwidth that is a natural resource belonging to the state, has acquired a relevant role in political life. People and parties that nominally have rights to participate in public elections and public service, may be blocked from establishing such a relationship with the electorate. Their message may be distorted by those running the programmes or owning the broadcasting concessions. Modern democracy must find remedies to avoid this from happening. Otherwise people’s right to choose is undermined and media owners become like goalkeepers of the democratic system, able to reserve rights of admission to t...

What role does the media fulfill in the current stage of Latin American democracy? In all cases, is the possibility of regulating the media incompatiblewith the freedom of speech and enterprise of thepeople who own it?In this article, the renowned author shows his point of view regarding these questions, as well as offering a critique related to how the relationship between the media and democracy has been developing in our society. Lastly, he presents a proposal of media regulation in order to make democracy viable, but without   compromising constitutional freedoms.

This article discusses the evolution of the amparo in Peru since its incorporation in the 1979 Constitution, contrasting it with the habeas corpus established in the 1933 Constitution. While habeas corpus primarily protected individual liberty, amparo emerged to safeguard new social rights as well. This institution was crucial to protect a wide range of rights against violations by state authorities and private individuals. Based on this, legislation has evolved to establish clear and effective procedures, differentiating both institutions and emphasizing the need for an organic law to regulate the processes. For its part, the doctrine has played a crucial role in delineating the limits and scope of the amparo, so as to ensure its agile and fair application in cases of constitutional violation. Nevertheless, interpretative challenges persist, such as the application of amparo against unc...

In Peru, on October 3, 1968, there was a coup d'état. As a result, the Revolutionary Government of the Armed Forces was established and would be in power for twelve years. In this context, the military government announced that they would act in accordance with Article 5 of its own Statute which stated the following: "The Revolution Government shall act in accordance with the provisions of this Statute and those of the State Constitution, Laws and other provisions insofar as they are compatible with the objectives of the Revolutionary Government". Based on all this, the author is of the opinion that said government, although it justifies its action in arguments that are not so legalistic; even their actions can be included within the programmatic part of the Constitution. The latter refers to the first 83 articles where individual, social and national rights are covered. That is to say,...

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This article discusses the evolution of the amparo in Peru since its incorporation in the 1979 Constitution, contrasting it with the habeas corpus established in the 1933 Constitution. While habeas corpus primarily protected individual liberty, amparo emerged to safeguard new social rights as well. This institution was crucial to protect a wide range of rights against violations by state authorities and private individuals. Based on this, legislation has evolved to establish clear and effective procedures, differentiating both institutions and emphasizing the need for an organic law to regulate the processes. For its part, the doctrine has played a crucial role in delineating the limits and scope of the amparo, so as to ensure its agile and fair application in cases of constitutional violation. Nevertheless, interpretative challenges persist, such as the application of amparo against unc...

In Peru, on October 3, 1968, there was a coup d'état. As a result, the Revolutionary Government of the Armed Forces was established and would be in power for twelve years. In this context, the military government announced that they would act in accordance with Article 5 of its own Statute which stated the following: "The Revolution Government shall act in accordance with the provisions of this Statute and those of the State Constitution, Laws and other provisions insofar as they are compatible with the objectives of the Revolutionary Government". Based on all this, the author is of the opinion that said government, although it justifies its action in arguments that are not so legalistic; even their actions can be included within the programmatic part of the Constitution. The latter refers to the first 83 articles where individual, social and national rights are covered. That is to say,...

No description

What role does the media fulfill in the current stage of Latin American democracy? In all cases, is the possibility of regulating the media incompatiblewith the freedom of speech and enterprise of thepeople who own it?In this article, the renowned author shows his point of view regarding these questions, as well as offering a critique related to how the relationship between the media and democracy has been developing in our society. Lastly, he presents a proposal of media regulation in order to make democracy viable, but without   compromising constitutional freedoms.