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1
artículo
Publicado 2006
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This paper highlights the need to examine the role of a constituent assembly within a democratic and constitutional system. To this end, a detailed analysis of the issue is undertaken on the basis of doctrine and constitutional history. It is concluded that the purpose of a constituent assembly is to establish a constituent power and to reform the constitution. Constituent power is the ability of a society to create or reform fundamental rights and the structure of government. Thus, the Constituent Assembly is the way in which the people exercise this power with the aim of amending the existing constitution or creating a new one. However, the author points out that there is one element that cannot be excluded by this power, and that is constitutional democracy. In this sense, this article provides a detailed study that helps to understand what a Constituent Assembly implies as a key enti...
2
artículo
Publicado 2006
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This paper highlights the need to examine the role of a constituent assembly within a democratic and constitutional system. To this end, a detailed analysis of the issue is undertaken on the basis of doctrine and constitutional history. It is concluded that the purpose of a constituent assembly is to establish a constituent power and to reform the constitution. Constituent power is the ability of a society to create or reform fundamental rights and the structure of government. Thus, the Constituent Assembly is the way in which the people exercise this power with the aim of amending the existing constitution or creating a new one. However, the author points out that there is one element that cannot be excluded by this power, and that is constitutional democracy. In this sense, this article provides a detailed study that helps to understand what a Constituent Assembly implies as a key enti...
3
artículo
Publicado 2018
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Centralization and decentralization as well as deconcentration in the administrative division of the Peruvian state have been conditioned by political, social, economic and religious factors; In brief, by factors of power. The execution of these policies in the Peruvian context has brought serious difficulties in the development of the country. In this article, the author studies the Peruvian model and its adaptations taking into account the historical data. Finally, he proposes the reform challenges that must be faced in decentralization and the strengthening of regionalization, both understood as necessary institutional processes to achieve the integral development of the country.
4
artículo
Publicado 2021
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This paper focuses on the analysis of article 38 of the Political Constitution of Peru of 1993, which establishes as a duty of all Peruvians to honor Peru, protect national interests, as well as to respect, comply with and defend the Constitution and the country’s legal system. It should be emphasized that the latter requires precision as to the institutions it protects, distinguishing between the Constitution, as a rule of rules, and constitutionality, which represents the essential principle under which modern democracies are built. In this manner, the mechanisms established for the defense of the normative hierarchy of the Constitution are reviewed, as well as the need to forge a committed culture, patriotism, and constitutional sentiment.
5
artículo
Publicado 2021
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This paper focuses on the analysis of article 38 of the Political Constitution of Peru of 1993, which establishes as a duty of all Peruvians to honor Peru, protect national interests, as well as to respect, comply with and defend the Constitution and the country’s legal system. It should be emphasized that the latter requires precision as to the institutions it protects, distinguishing between the Constitution, as a rule of rules, and constitutionality, which represents the essential principle under which modern democracies are built. In this manner, the mechanisms established for the defense of the normative hierarchy of the Constitution are reviewed, as well as the need to forge a committed culture, patriotism, and constitutional sentiment.
6
artículo
Publicado 2025
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This article critically examines constitutional courts in Latin America and raises the need to rethink the control of constitutionality from a deliberative perspective. Following Fernando Atria's criticisms and reflections on issues such as neoconstitutionalism, constitutional jurisdiction and constitutional concepts, as well as his conception of democratic deliberation and that of Jürgen Habermas, it integrates Hélène Landemore's proposal on open and lottocratic democracy as a way to democratize the control of constitutionality, with a view to laying the foundations for an institutional redesign that overcomes the limitations of the current judicial model and revitalizes the democratic principle.
7
artículo
Publicado 2025
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This article critically examines constitutional courts in Latin America and raises the need to rethink the control of constitutionality from a deliberative perspective. Following Fernando Atria's criticisms and reflections on issues such as neoconstitutionalism, constitutional jurisdiction and constitutional concepts, as well as his conception of democratic deliberation and that of Jürgen Habermas, it integrates Hélène Landemore's proposal on open and lottocratic democracy as a way to democratize the control of constitutionality, with a view to laying the foundations for an institutional redesign that overcomes the limitations of the current judicial model and revitalizes the democratic principle.
8
artículo
Publicado 2016
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In this article, the author makes a critical analysis of the political regime in the 1993 Constitution. He begins analyzing the institution of the Presidency of the Republic, along with its vices and defects, criticizing the concentration of power in the figure of the President and the authoritarian management of his attributions, characteristics that are meaningless in a republic system. Thus, he concludes with a new vision of the figure of the President of the Republic and his attributions in order to achieve an improvement in the functioning and efficiency of the State, without affecting the democratic balance.
9
artículo
Publicado 2016
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In this article, the author makes a critical analysis of the political regime in the 1993 Constitution. He begins analyzing the institution of the Presidency of the Republic, along with its vices and defects, criticizing the concentration of power in the figure of the President and the authoritarian management of his attributions, characteristics that are meaningless in a republic system. Thus, he concludes with a new vision of the figure of the President of the Republic and his attributions in order to achieve an improvement in the functioning and efficiency of the State, without affecting the democratic balance.
10
artículo
Publicado 2021
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Today should be remembered that the quality of a republic, society and politics that support is in the division of powers. So figure in our past constitutions, and in the currentThe republic and democracy do not refer only to a form of the state that sovereignty belongs to all and the division of powers is recognized in the Supreme Charter. It is also a way of governing, and assumes that the rulers at national level, legislators, political parties, authorities of any kind, but also the citizens and organizations they form, are guided primarily by the collective good and not by self-interest.Democracy accepts private interests and goals of individuals and groups, but making them see that there is also a common good that precautionary and that those same private goals would not be achieved outside possibility of living together. Aristotle's exercise of power condemns the confusion between ...
11
artículo
Publicado 2011
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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...
12
artículo
Publicado 2015
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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.
13
artículo
Publicado 2015
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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.
14
tesis de maestría
Publicado 2018
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Sobre la base del modelo de Análisis Crítico del Discurso de Fairclough (1992), se aborda la entrevista política de televisión en vivo —desde el caso de televisión por cable Todo se Sabe, programa peruano de entrevistas políticas, de emisión diaria y en vivo, en sus emisiones del 04 al 08 de diciembre del 2017—, como una práctica social respecto de la cual se desentrañará el proceso de producción del discurso, poniendo especial énfasis en el desempeño del(a) entrevistador(a) político(a). Asimismo, se investigará de qué manera dicho proceso de producción encarna los conceptos de política, poder y democracia. Para tal fin, se propone un método de estudio basado en cuatro factores de análisis: temporalcuantitativo, lógico-argumentativo, de pertinencia informativa, y de interacción y comunicación, los que indagan por parámetros mínimos que, según muestran los es...
15
tesis de maestría
Publicado 2018
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Sobre la base del modelo de Análisis Crítico del Discurso de Fairclough (1992), se aborda la entrevista política de televisión en vivo —desde el caso de televisión por cable Todo se Sabe, programa peruano de entrevistas políticas, de emisión diaria y en vivo, en sus emisiones del 04 al 08 de diciembre del 2017—, como una práctica social respecto de la cual se desentrañará el proceso de producción del discurso, poniendo especial énfasis en el desempeño del(a) entrevistador(a) político(a). Asimismo, se investigará de qué manera dicho proceso de producción encarna los conceptos de política, poder y democracia. Para tal fin, se propone un método de estudio basado en cuatro factores de análisis: temporalcuantitativo, lógico-argumentativo, de pertinencia informativa, y de interacción y comunicación, los que indagan por parámetros mínimos que, según muestran los es...
16
artículo
Publicado 2016
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In this article, the author makes a critical analysis of the political regime in the 1993 Constitution. He begins analyzing the institution of the Presidency of the Republic, along with its vices and defects, criticizing the concentration of power in the figure of the President and the authoritarian management of his attributions, characteristics that are meaningless in a republic system. Thus, he concludes with a new vision of the figure of the President of the Republic and his attributions in order to achieve an improvement in the functioning and efficiency of the State, without affecting the democratic balance.
17
artículo
Publicado 2015
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The Inter-American Democratic Charter (IDC) was adopted in 2001 by member states of the Organization of American States (OAS) as a renewed instrument for the defense of democracy, not only against traditional coup d´etat but also to face serious violations to horizontal accountability. The second assumption took into consideration, as a precedent, the political situation in Peru during Alberto Fujimori's administration (1995-2000), defined as a competitive authoritarian regime by Political Science and Constitutional Law scholars. However, during the last decade to the presentwe find in Latin America several countries with governments where the principle of checks and balances has been eroded as a result of measures adopted by their respective executive branch. This situation suggests the following concerns: The liberal democratic model of the IDC is in cris...
18
artículo
Publicado 2015
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The Inter-American Democratic Charter (IDC) was adopted in 2001 by member states of the Organization of American States (OAS) as a renewed instrument for the defense of democracy, not only against traditional coup d´etat but also to face serious violations to horizontal accountability. The second assumption took into consideration, as a precedent, the political situation in Peru during Alberto Fujimori's administration (1995-2000), defined as a competitive authoritarian regime by Political Science and Constitutional Law scholars. However, during the last decade to the presentwe find in Latin America several countries with governments where the principle of checks and balances has been eroded as a result of measures adopted by their respective executive branch. This situation suggests the following concerns: The liberal democratic model of the IDC is in cris...
19
artículo
Publicado 2019
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A fundamental aspect of the Constitutional Democracy is the Jurisdiction, this one demands the Judge to know the Law and the facts; knowing the facts implies establishing the truth in correspondence with reality, without it you can not reach a just decision; therefore, in a Constitutional Democratic State, the Judge can not stop trying to reach the reality of the facts and, the essential object of every process is the search for the truth. If it has been legally chosen to give the Judge the power to dispose the action of proof ex officio, the exercise of this power is guaranteed by the Constitution itself.
20
artículo
Publicado 2022
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What is the role of the Peruvian constitutional justice system in the democratic State? Why is it important? How does it relate with Batman? In this article, the authors analyze the state of the constitutional justice system in Peru and its importance in the protection of human rights and the defense of democracy at the national level. Likewise, from the perspective of art and law, the authors establish a simile between Peruvian constitutional justice and Batman, the dark knight, a famous character from DC Comics who embodies the struggle for just causes.
