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1
artículo
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.
2
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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.
3
artículo
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.
4
artículo
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.
5
artículo
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.
6
artículo
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 ...
7
artículo
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...
8
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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...
9
artículo
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...
10
artículo
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.
11
artículo
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...
12
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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.
13
artículo
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.
14
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...
15
artículo
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.
16
artículo
Democracy has as its fundamental pillars, among other nuclear assumptions, the freedom of expression and the rights of political participation, principles that enable the circulation and peaceful competition of ideas and the assumption of governmental power in the State. However, due to their broad contents, these are susceptible to collision with other goods of constitutional scope (principles, values and rights); the ramifications of the unrestricted use of these rights have been of such depth in some States since the 30s of the last century, that a series of constitutional and legal measures were arranged to fight and reduce the reproduction of errors or historical affections. We will call the democracies that adopted this profile of custodian prophylactic democracies, modalities of democratic organization that certain States instituted to protect themselves from devices that could ca...
17
artículo
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.
18
artículo
Democracy has as its fundamental pillars, among other nuclear assumptions, the freedom of expression and the rights of political participation, principles that enable the circulation and peaceful competition of ideas and the assumption of governmental power in the State. However, due to their broad contents, these are susceptible to collision with other goods of constitutional scope (principles, values and rights); the ramifications of the unrestricted use of these rights have been of such depth in some States since the 30s of the last century, that a series of constitutional and legal measures were arranged to fight and reduce the reproduction of errors or historical affections. We will call the democracies that adopted this profile of custodian prophylactic democracies, modalities of democratic organization that certain States instituted to protect themselves from devices that could ca...
19
artículo
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.
20
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