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1
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.
2
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.
3
artículo
Publicado 2021
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Peru is now in the middle of a constitutional crisis that must be resolved through a constitutional process of reforms or amendments to the political regime, the use of natural resources, and the distribution of power among the different government agencies throughout our territory. This crisis has been caused by the continuous confrontation between the President and the Congress since 2016. Such clash has been aggravated by the judgments rendered by the Constitutional Court which ratified as constitutional the arbitrary the “factual denial” to the non-vote of confidence that led to the dissolution of Congress. The current Administration is attempting to leverage upon this precedent to impose a Marxist-Leninist socialist regime to replace the republican system that has been in place for 200 years.
4
artículo
Publicado 2021
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Peru is now in the middle of a constitutional crisis that must be resolved through a constitutional process of reforms or amendments to the political regime, the use of natural resources, and the distribution of power among the different government agencies throughout our territory. This crisis has been caused by the continuous confrontation between the President and the Congress since 2016. Such clash has been aggravated by the judgments rendered by the Constitutional Court which ratified as constitutional the arbitrary the “factual denial” to the non-vote of confidence that led to the dissolution of Congress. The current Administration is attempting to leverage upon this precedent to impose a Marxist-Leninist socialist regime to replace the republican system that has been in place for 200 years.
5
artículo
Publicado 2008
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This paper develops the elements of the constitutional thought of Pedro Planas. In that sense it establishes the concept of Constitutional Democracy, analyzes its characteristics, such as the division of powers and the supremacy of the Constitution, and develops its differences with respect to the autocracy, which according to this, is the political system. Following this same line, the basic structures of the political regimes in the Constitutional Democracy are analyzed. This is developed in two parts, in the first, the political schemes are divided according to the system of checks and balances, from this the existence of two types of regimes is concluded: the parliamentary regime and the presidential regime. In the second part, the regimes are distinguished according to the origin of the governmental power structure, in this sense, two options are established: i) of basically parliam...
6
artículo
Publicado 2008
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This paper develops the elements of the constitutional thought of Pedro Planas. In that sense it establishes the concept of Constitutional Democracy, analyzes its characteristics, such as the division of powers and the supremacy of the Constitution, and develops its differences with respect to the autocracy, which according to this, is the political system. Following this same line, the basic structures of the political regimes in the Constitutional Democracy are analyzed. This is developed in two parts, in the first, the political schemes are divided according to the system of checks and balances, from this the existence of two types of regimes is concluded: the parliamentary regime and the presidential regime. In the second part, the regimes are distinguished according to the origin of the governmental power structure, in this sense, two options are established: i) of basically parliam...
7
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.
8
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.
9
artículo
As is known from the 80s of last century wave of democratization swept Latin America. The various dictatorships that time concluded. In most cases because the military government left power in International convened a constituent assembly as in Ecuador, Peru, Brazil and Chile, or are returned to the previous constitution as happened in the Uruguay reestablished the presidential Cons.. titution of 1966. Mexico and Argentina also did the same. Instead Venezuela and Colombia, who suffered no coups kept their constitutions. However they would be modified. In the case of Venezuela when Chavez was elected President and the Colombian government's decision then. The change of the Colombian Constitution was exemplary because it was linked to the use of direct democracy with double effect. First, a referendum was held to ask the people whether he was in favor of a new constitution and, after the p...
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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An approach of corrective roles of judges within the constitutional interpretation demands a number of parameters that must necessarily be made compatible with the principles, values and guidelines pursuant to contemporary legal systems. This study covers the dimensions of these corrective roles in the attempt to set reference lines on the delicate task of the constitutional judges in the defense of the effective exercise of the fundamental rights and the regulations’ primacy of the Constitution. Finally, this study investigates if there is a jurisdictional government and to what extent the neoconstitutionalism turns out to be a relevant matter in the interpretation of the Constitution.
13
artículo
Publicado 2009
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In this essay, I expose, in broad outlines, the debate about descentralization between Mariátegui and Belaúnde, at the first part of the last century. Besides, I research the regionalization process established in the 1979 Constitution, especially, during the last decade. This period is caracterized by democracy restauration, the renewal of regionalization process and the reactivation of social conflicts.
14
artículo
Publicado 2009
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In this essay, I expose, in broad outlines, the debate about descentralization between Mariátegui and Belaúnde, at the first part of the last century. Besides, I research the regionalization process established in the 1979 Constitution, especially, during the last decade. This period is caracterized by democracy restauration, the renewal of regionalization process and the reactivation of social conflicts.
15
artículo
Publicado 2021
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The essence of the democratic system. requires Parliament to sufficiently important to exercise a real counterweight to the executive organ of the Government; Itis a political power which finds its immediate and direct origin and its limitation in the Constitution; this power function we would say, of greater importance because the Parliament, in the modern state is the supreme organ of the State whose conformation expression of the will of the nation is assumed and exercised control function as immediate president and representative. The legislative branch is the supreme organ of the State, collegiate, pluralist, that is, that the people in it have different ideologies or belong to different political parties, whose essential functions are linked to the political control of the state, the development of law and the obligation to preserve the life of the state, taking care of the imp...
16
artículo
Publicado 2022
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The Constitution of the Earth is presented as a response to contemporary global challenges. Thus, it analyzes how the evolution of constitutional law in Peru since 1979 and its openness to international treaties have strengthened the country's constitutional democracy. The globalization of law has allowed constitutional principles, such as the protection of fundamental rights and the separation of powers, to become universal standards. However, these principles must be adapted to the local and cultural realities of each nation, allowing for the creation of a global legal framework that addresses issues such as extreme poverty, inequality, mass migration, and environmental sustainability. In this way, the Constitution of the Earth promotes mandatory dialogue between national and international legal systems, recognizing the importance of cooperation and coordination in the protection of hu...
17
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.
18
artículo
Publicado 2014
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From the relationship between Democracy and Constitutionalism in Latin America, the author addresses the issue of constitutional justice as an entity of control of the constitutionality of the laws, which would have power against majority when it derogates an unconstitutional legislation. Also, the author reflects on the protection of fundamental rights in the region, analyzing the nuances presented in terms of the various constitutional conceptions.
19
artículo
Publicado 2014
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From the relationship between Democracy and Constitutionalism in Latin America, the author addresses the issue of constitutional justice as an entity of control of the constitutionality of the laws, which would have power against majority when it derogates an unconstitutional legislation. Also, the author reflects on the protection of fundamental rights in the region, analyzing the nuances presented in terms of the various constitutional conceptions.
20
artículo
Publicado 2021
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This paper addresses a particular scenario of the classic tension between constitutionalism and democracy, one that poses the existence of material limits to the power of constitutional reform. The subject undoubtedly raises a series of perplexities around some aspects such as the legal nature of the constitutional reform power. The essay analizes the defense of implicit material limits when the constitutional text has not explicitly recognized them, the competence and legitimacy of the courts, the normative parameter in merit to which this control would be carried out, among others. In this context, this article proposes to provide an analysis of these issues based on comparative law, exposing the cases of Germany, the United States and Colombia, countries that have provided different answers to the issue of material limits in function of their own constitutional texts and systems, and ...
