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artículo
Publicado 1974
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Enlace
In order to conduct an analysis of the legal changes occurring in a specific country, it is imperative to approach the study autonomously and detached from external influences. However, in certain circumstances, it is pertinent to incorporate an observation of social and economic phenomena to obtain a more complete understanding and a more precise explanation of the legal phenomena that arise in the legal environment. The main objective of this paper is to examine the transformations that have taken place in the Peruvian legal system in the years before 1973. In this context, it proposes an exhaustive analysis of both the conceptual bases that sustain the traditional legal ideology and the socio-legal dynamics that arose because of the agrarian reform in Peru. The aim is to show how the reform has had an impact on these conceptual bases. By means of this analysis, the conclusion is reach...
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artículo
Publicado 1982
Enlace
Enlace
This article analyzes the retroactivity system of the sentences of the Tribunal of Constitutional Guarantees, according to the Organic Law that regulates it and its alignment with the Peruvian Constitution. Within this framework, it explores the ideological and legal dynamics underlying the retroactivity system, focusing on its legal and constitutional treatment, with emphasis on two constitutional norms: article 187, referring to the retroactivity of laws, and article 300, referring to the non-retroactivity of sentences of the Tribunal that declare a norm unconstitutional. In this regard, the author questions the relevance of including retroactivity rules in the Constitution, in contrast to other legal systems that grant it a legal level or omit it. He also criticizes the arbitrary protection of exceptions in criminal, labor, or tax matters, and discusses the effectiveness of the retroa...
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No contiene resumen
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artículo
No presenta resumen
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artículo
Publicado 1974
Enlace
Enlace
In order to conduct an analysis of the legal changes occurring in a specific country, it is imperative to approach the study autonomously and detached from external influences. However, in certain circumstances, it is pertinent to incorporate an observation of social and economic phenomena to obtain a more complete understanding and a more precise explanation of the legal phenomena that arise in the legal environment. The main objective of this paper is to examine the transformations that have taken place in the Peruvian legal system in the years before 1973. In this context, it proposes an exhaustive analysis of both the conceptual bases that sustain the traditional legal ideology and the socio-legal dynamics that arose because of the agrarian reform in Peru. The aim is to show how the reform has had an impact on these conceptual bases. By means of this analysis, the conclusion is reach...
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artículo
Publicado 1982
Enlace
Enlace
This article analyzes the retroactivity system of the sentences of the Tribunal of Constitutional Guarantees, according to the Organic Law that regulates it and its alignment with the Peruvian Constitution. Within this framework, it explores the ideological and legal dynamics underlying the retroactivity system, focusing on its legal and constitutional treatment, with emphasis on two constitutional norms: article 187, referring to the retroactivity of laws, and article 300, referring to the non-retroactivity of sentences of the Tribunal that declare a norm unconstitutional. In this regard, the author questions the relevance of including retroactivity rules in the Constitution, in contrast to other legal systems that grant it a legal level or omit it. He also criticizes the arbitrary protection of exceptions in criminal, labor, or tax matters, and discusses the effectiveness of the retroa...
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