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1
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.
2
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.
3
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.
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 2019
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This work identifies, from the bibliographic point of view, the different contributions, proposals, approaches and studies around the reform of the administration of justice in Peru, also called modernization, restructuring or refounding of the Judiciary. Notwithstanding the wide bibliography on this important subject, an interesting nucleus of publications corresponding to the 20th century and the beginning of the present century is reported. A first bibliographical review to promote research on the Peruvian judiciary and understand its historical evolution precedes a timely analysis of the author on the need for a change from the Judiciary itself, circumscribed to a democratic theory for judicial governance, and involves the participation of the different actors of the justice system and civil society, by a solid and predictable Judiciary as a support for constitutional democracy.
6
artículo
Publicado 2019
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This work identifies, from the bibliographic point of view, the different contributions, proposals, approaches and studies around the reform of the administration of justice in Peru, also called modernization, restructuring or refounding of the Judiciary. Notwithstanding the wide bibliography on this important subject, an interesting nucleus of publications corresponding to the 20th century and the beginning of the present century is reported. A first bibliographical review to promote research on the Peruvian judiciary and understand its historical evolution precedes a timely analysis of the author on the need for a change from the Judiciary itself, circumscribed to a democratic theory for judicial governance, and involves the participation of the different actors of the justice system and civil society, by a solid and predictable Judiciary as a support for constitutional democracy.
7
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...
8
artículo
Publicado 2013
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Political science literature has focused itself mostly on the «pro-democracy» role of political parties, identifying them as essential instruments for representation. We agree, but we believe this is not the only aspect to focus on. Democratic parties do not only achieve power through regular elections, but they also aspire to rule within a democratic regime. In that sense, the functioning of political parties can be analyzed not only in terms of their contribution to electoral competition. In order to fulfill their democratic functions, parties need a strong constitutional order that allows them to provide two goods: the achievement of power through legalways and good governance within the Rule of Law.
9
artículo
Publicado 2013
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Political science literature has focused itself mostly on the «pro-democracy» role of political parties, identifying them as essential instruments for representation. We agree, but we believe this is not the only aspect to focus on. Democratic parties do not only achieve power through regular elections, but they also aspire to rule within a democratic regime. In that sense, the functioning of political parties can be analyzed not only in terms of their contribution to electoral competition. In order to fulfill their democratic functions, parties need a strong constitutional order that allows them to provide two goods: the achievement of power through legalways and good governance within the Rule of Law.
10
artículo
Publicado 2011
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The systems for the selection and formation of judges possess certain particularities related to the legal tradition adopted by each country; however, more than their relation with legal system adopted by each country, these selection and formation criteria refer to the place and role of the Judiciary in the organization of the State and in this regard, something than can, under no circumstances, be left aside is that the valuation of the constitutional role of the judge and the strengthening of the principles of a democratic State must be included in the formation of every judge so that the founding principles of the national legal order can be reasserted by the judge every time he applies the law to a specific case.
11
artículo
Publicado 2011
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The systems for the selection and formation of judges possess certain particularities related to the legal tradition adopted by each country; however, more than their relation with legal system adopted by each country, these selection and formation criteria refer to the place and role of the Judiciary in the organization of the State and in this regard, something than can, under no circumstances, be left aside is that the valuation of the constitutional role of the judge and the strengthening of the principles of a democratic State must be included in the formation of every judge so that the founding principles of the national legal order can be reasserted by the judge every time he applies the law to a specific case.
12
artículo
Publicado 2023
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This research addresses the role played by the Autonomous Constitutional Bodies (OCA) within presidentialism in the Mexican political system. It starts with the analysis of the presidential regime and the Mexican variant, paying special attention to the democratic transition in the 1990s. Subsequently, it analyzes from a constitutional and political point of view, one of the main Mexican constitutional innovations that paved the way for the creation of the OCAs, which facilitated the loss of constitutional powers of the head of state and the end of imperial presidentialism. To facilitate their understanding and legal configuration, the specific case of the National Human Rights Commission (CNDH) is analyzed, which exemplifies well the limits of these institutions, but also their capacity to modernize and democratize the Mexican State. However, this type of institutions would apparently b...
13
tesis de grado
Publicado 2023
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El presente trabajo de investigación pretende llamar la atención sobre un aspecto teórico específico del arbitraje como mecanismo alternativo de solución de controversias: la posibilidad de que los árbitros puedan realizar control difuso. Para ello, resulta trascendental abordar temas como la naturaleza jurídica del arbitraje y su compatibilidad con la idea de jurisdicción que, por ejemplo, se reconoce al Poder Judicial. A partir de ello, se podrá establecer el adecuado papel y los límites de la función arbitral en cuanto al control normativo en nuestro ordenamiento jurídico. Con esto se procura contribuir con el adecuado desarrollo del Estado Constitucional de Derecho en nuestro país y fortalecer los principios fundamentales contenidos en la Constitución. En sentido, también se analiza si el desarrollo jurisprudencial sobre la materia ha sido riguroso en sus consideracion...
14
artículo
Publicado 2013
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Political science literature has focused itself mostly on the «pro-democracy» role of political parties, identifying them as essential instruments for representation. We agree, but we believe this is not the only aspect to focus on. Democratic parties do not only achieve power through regular elections, but they also aspire to rule within a democratic regime. In that sense, the functioning of political parties can be analyzed not only in terms of their contribution to electoral competition. In order to fulfill their democratic functions, parties need a strong constitutional order that allows them to provide two goods: the achievement of power through legalways and good governance within the Rule of Law.
15
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...
16
artículo
Social dialogue is an essential component of democracy and therefore the importance of the link between freedom and pluralism of information on the one hand and the autonomy of the Judiciary on the other: both at the service of a productive social dialogue of democratic participation in procedural issues must be analyzed. The right to information is the right to understand, not only under the traditional liberal viewpoint but under the perspective rooted in the Constitution, that is, the right to information is an instrument to ensure participation of citizens in the management of public interest, a right that is designed to guarantee the protection of individuals in the face of power
17
artículo
Social dialogue is an essential component of democracy and therefore the importance of the link between freedom and pluralism of information on the one hand and the autonomy of the Judiciary on the other: both at the service of a productive social dialogue of democratic participation in procedural issues must be analyzed. The right to information is the right to understand, not only under the traditional liberal viewpoint but under the perspective rooted in the Constitution, that is, the right to information is an instrument to ensure participation of citizens in the management of public interest, a right that is designed to guarantee the protection of individuals in the face of power
18
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.
19
artículo
This research seeks to scrutinize the doctrinal and jurisprudential treatments of the execution of the sentence, stopping at the ideological criteria of the administrativeization of the execution of the punishment, especially those that correspond to the deprivation of liberty, typical of a pre-modern State that favors the abusive exercise of the disciplinary power of the penitentiary administrative authority and that leaves aside the exercise of the rights of the perpetrators of the crime, not compromised by the law and the nature of the sentence imposed, as well as their fundamental rights, which the Constitution and international treaties recognize and protect; reaching the conclusion that its illegal application within a democratic State of law, which requires and imposes on the State the judicialization of the execution of the punishment, through the Criminal Execution judge as a ju...
20
artículo
Publicado 2000
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This essay examines Rousseau's political philosophy from the view point of power. The social contractis not under the modern primacy of "govemment". It rather sees the constitution of community as an autonomous form of power that, under democratic conditions, reaches its realization in popular sovereignty. The legislator's enigmatic figure manifests, although with restriction, a third form of power: authority or the power of action as a competence of political initiatives. The balance among these three forms of power constitutes the framework of the modern conception of politics.
