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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 2013
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Since the beginning of modernity, the use of rhetoric have prevailed; that is, the technique of perverting the language giving concepts different meanings presuming nothing have changed when in fact, it has occurred. The same thing happens with the concept of Constitution, it has been completelymodified its sense from the progress of individual rights moral. In this article the intention is to demonstrate the nature of this change and at the same time claim on the «old constitutionalism» validity and also the rule of law and political will beginning on a critical reading of contemporary constitutionalism and considering its tendency to constitutionalize or materialize the law, ironically risking the same values intended to defend.
6
artículo
Publicado 2013
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Since the beginning of modernity, the use of rhetoric have prevailed; that is, the technique of perverting the language giving concepts different meanings presuming nothing have changed when in fact, it has occurred. The same thing happens with the concept of Constitution, it has been completelymodified its sense from the progress of individual rights moral. In this article the intention is to demonstrate the nature of this change and at the same time claim on the «old constitutionalism» validity and also the rule of law and political will beginning on a critical reading of contemporary constitutionalism and considering its tendency to constitutionalize or materialize the law, ironically risking the same values intended to defend.
7
artículo
Publicado 1987
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The text describes the concept of constitutional justice, also known as constitutional jurisdiction, defining it as the set of mechanisms aimed at guaranteeing the supremacy of the Constitution within the framework of a rule of law. Its origin in modern constitutionalism is detailed, highlighting the two main systems: the American or “diffuse” system, in which any judge has the power to declare a norm unconstitutional in specific cases, and the European or “concentrated” system, which delegates this function to specialized constitutional courts. In turn, mention is made of a socialist model in which the Parliament supervises constitutionality. In the case of Peru, the author examines the historical evolution of constitutional justice and the convergence of these systems in their current model, including the creation of the Tribunal of Constitutional Guarantees. However, he also c...
8
artículo
Publicado 1987
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The text describes the concept of constitutional justice, also known as constitutional jurisdiction, defining it as the set of mechanisms aimed at guaranteeing the supremacy of the Constitution within the framework of a rule of law. Its origin in modern constitutionalism is detailed, highlighting the two main systems: the American or “diffuse” system, in which any judge has the power to declare a norm unconstitutional in specific cases, and the European or “concentrated” system, which delegates this function to specialized constitutional courts. In turn, mention is made of a socialist model in which the Parliament supervises constitutionality. In the case of Peru, the author examines the historical evolution of constitutional justice and the convergence of these systems in their current model, including the creation of the Tribunal of Constitutional Guarantees. However, he also c...
9
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.
10
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.
11
artículo
Publicado 2021
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The modern state, which basically identified as social and democratic state of law, part of the experience of that society, pass all or part of their self-regulatory mechanisms is left to the pure irrationality, and that only state action made possible by the development of administrative, economic, technical, programming, decisions, etc., can neutralize the dysfunctional effects of an uncontrolled economic and social development. Therefore, the State cannot be limited to ensure the environmental conditions of an alleged inherent social order, not to monitor the unrest in a self-regulating mechanism, but, on the contrary, must be the key regulator of the social system and must be available to the task of structuring society through direct or indirect measures. That is, the state cannot remain a simple traffic policeman, but become real and effective regulator or social policy, economic s...
12
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...
13
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...
14
artículo
Publicado 2011
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“Democratic Ethical Life and the Struggle for Recognition: AReconstruction of Hegel’s Inluence on Deliberative Democracy”. Hegel’s politicalphilosophy represents a signiicant contribution to the understanding of moderndemocracy and social dynamics. As regards modern democracy, the concept ofdemocratic ethical life presented by Wellmer allows for the integration of equalsubjective rights and citizen participation in a deliberative culture that illsdemocracy with citizen vitality without going against individual liberties. As forsocial dynamics, they can be explained by the need for reciprocal recognition asthe key to the constitution of subjectivity, which explains the moral motivation inthe struggles of social groups. Both concepts are closely interwoven because thestruggle for recognition allows for an explanation of the dynamics of democraticethical life. Thus, democratic ethic...
15
artículo
Publicado 2011
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“Democratic Ethical Life and the Struggle for Recognition: AReconstruction of Hegel’s Inluence on Deliberative Democracy”. Hegel’s politicalphilosophy represents a signiicant contribution to the understanding of moderndemocracy and social dynamics. As regards modern democracy, the concept ofdemocratic ethical life presented by Wellmer allows for the integration of equalsubjective rights and citizen participation in a deliberative culture that illsdemocracy with citizen vitality without going against individual liberties. As forsocial dynamics, they can be explained by the need for reciprocal recognition asthe key to the constitution of subjectivity, which explains the moral motivation inthe struggles of social groups. Both concepts are closely interwoven because thestruggle for recognition allows for an explanation of the dynamics of democraticethical life. Thus, democratic ethic...
16
artículo
The social and democratic rule of law is the answer to the standards of the modernity. In this new kind of State, principles and values have a new conception. On the one hand, such principles and values define and sustain the «design of State policy»; and, on the other, they establish the objectives that society intends to achieve for its full realization. These objectives are synthesized in the concept of the «social model», where not only life is effectively guaranteed, but also the total validity of fundamental rights, including the right to health. In the context of the social and democratic rule of law, security as an informing principle of the State assumes a greater content, which is aimed at achieving greater effectiveness of fundamental rights. From this inescapable requirement of the State, the obligation to guarantee true certainty in all activities in the lives of human b...
17
artículo
Publicado 2011
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La filosofía política de Hegel ofrece una significativa contribución para la explicación de la democracia moderna y de la dinámica social. En el primer caso, el concepto de eticidad democrática, que Wellmer postula, permite integrar derechos subjetivos iguales y la participación ciudadana en una cultura deliberativa que dota a la democracia de vitalidad ciudadana sin violentar libertades individuales. En el segundo caso, la dinámica social puede ser explicada a partir de la necesidad de reconocimiento recíproco como clave de la constitución de la subjetividad, que explica la motivación moral de las luchas de los grupos sociales. Ambos conceptos se encuentran internamente ligados ya que la lucha por el reconocimiento permite explicar la dinámica de una eticidad democrática. De esta forma, eticidad democrática y lucha por el reconocimiento, en tanto conceptos internamente lig...
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 2024
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The current work seeks to offer a general reflection on the phenomenon of misinformation in the digital age in order to raise awarenessabout the risks it poses to the normal development of democratic processes. Furthermore, it aims to emphasize the need to approach misinformation from various perspectives, in harmony with full respect for freedom of expression. The study intends to provide tools that allow the clear identification of misinformation, to point out some thoughts regarding the purposes that underlie the act of misinforming and to review the main stages of the misinformation process. It also strives to offer a more comprehensive understanding of the concept of misinformation, by proposing a distinction and identifying the connections between this activity and the communicative phenomenon of fake news. Later on, the analysis concentrates on the effects that misinformation...
