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constitucion process » constitutional process (Expander búsqueda), constitucional proceso (Expander búsqueda), construction process (Expander búsqueda)
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1
artículo
Publicado 2016
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Constitutional rationality dictates that procedural safeguards will be balanced in order to consider the interests of both parties that in this case are opposed in a controversy. The concept of rationality is analized by the author as a value that goes beyond the scope of the legal right, that is, as a constitutive element of the homo sapiens. This is the reason why the conviction is spread among constitutionalists and legal philosophers that the principle of practical rationality has assumed the rank of constitutional value because of the constitutionalization of human rights. All of this is explained in the prospective of the civil process, where the constituent has instituted the guarantee of the appeal in order to guarantee equality in the treatment for the procedural parties.
2
artículo
Publicado 2016
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Constitutional rationality dictates that procedural safeguards will be balanced in order to consider the interests of both parties that in this case are opposed in a controversy. The concept of rationality is analized by the author as a value that goes beyond the scope of the legal right, that is, as a constitutive element of the homo sapiens. This is the reason why the conviction is spread among constitutionalists and legal philosophers that the principle of practical rationality has assumed the rank of constitutional value because of the constitutionalization of human rights. All of this is explained in the prospective of the civil process, where the constituent has instituted the guarantee of the appeal in order to guarantee equality in the treatment for the procedural parties.
3
artículo
Publicado 2016
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This article addresses the relationship between the Process and the Constitution. For this purpose, it is explained what is the object of study of the Procedural Law, and which is the litigation model adopted in article 139 of the Peruvian Constitution, why this model is about a system with its own autonomy and substantivity and not about a subsystem, and how Civil Law and Common Law converging in this model. Furthermore, the author establishes, based on the Constitution, the reason why the existing procedural guarantees in our legal system do not imply a “right to a right decision”, but only the right to a fair process, and explains the difference between “fair process” and “justice” or “judicial truth”.
4
artículo
Publicado 2018
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The present paper seeks to give, in the first place, a brief historical review of the origin and development of contentious administrative process, his location on Peruvian law frame and his function. Also, it gives a critical analysis to show if this process is serving the purpose given, that is protecting the rights and interests of the governed.
5
artículo
Publicado 2022
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With the social outbreak in Chile in October 2019, a series of demonstrations and citizen mobilizations of different sectors of society began, which promoted various requests for social claims and demands. It is from this event that, on November 12 of that year, a presidential speech was issued, through which three major agreements were proposed to overcome the crisis that was being experienced, and one of those agreements was the agreement for a new constitution.This promise gave rise to the formation of the Constitutional Convention, the body which, after a long and arduous period of work, has recently presented a new draft constitutional text, which will be accepted or rejected by means of a plebiscite to be held in September of this year. In this context, the purpose of the interview is to analyze and evaluate the most decisive aspects of the constitutional process.
6
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
7
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
8
artículo
Publicado 2010
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Accounting professionals, as advisers and consultants in tax, has become a priority that their clients, employers and taxpayers in general, satisfy their tax obligations promptly to avoid unnecessary and wasteful contingencies. Therefore the duty of the accounting professional your clients have if possible a regular tax situation fully comply with all formal and substantial requirements and its fiscal condition does not fall within the conduct legally classified as infractions or tax crimes. With this background outlined some general aspects that must take into account the professional accountant before the fact may face a fiscal review process when the tax authority so requires, using its powers of oversight, is how the accountant should highlight its role in protecting the interests of the taxpayer, enforcing their rights and resorting to various means of defense, when it became clear ...
9
artículo
Publicado 2010
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Accounting professionals, as advisers and consultants in tax, has become a priority that their clients, employers and taxpayers in general, satisfy their tax obligations promptly to avoid unnecessary and wasteful contingencies. Therefore the duty of the accounting professional your clients have if possible a regular tax situation fully comply with all formal and substantial requirements and its fiscal condition does not fall within the conduct legally classified as infractions or tax crimes. With this background outlined some general aspects that must take into account the professional accountant before the fact may face a fiscal review process when the tax authority so requires, using its powers of oversight, is how the accountant should highlight its role in protecting the interests of the taxpayer, enforcing their rights and resorting to various means of defense, when it became clear ...
10
artículo
In comparative law, frictions between the Judiciary and the Constitutional Tribunal are not new. As Garcia Belaunde recalls they have existed since the 60’s in Italy, from where the name «Battle of the Courts» originated, because the maximum judicial body in said country is the Court of Cassation and the concentrated body for constitutional control is the Constitutional Tribunal. The aforementioned phenomenon is replicated in Spain and in Colombia, where the incident is known as a «train crash». In our country, to debate whether the Constitutional Tribunal is hierarchically superior to the Judiciary is to mention the scope of Article 201 of the Constitution in force that defines the Constitutional Tribunal as the autonomous and independent «controlling body of the Constitution». However and strictly in relation to the foregoing, this article also tackles the binding precedent, a ...
11
artículo
In comparative law, frictions between the Judiciary and the Constitutional Tribunal are not new. As Garcia Belaunde recalls they have existed since the 60’s in Italy, from where the name «Battle of the Courts» originated, because the maximum judicial body in said country is the Court of Cassation and the concentrated body for constitutional control is the Constitutional Tribunal. The aforementioned phenomenon is replicated in Spain and in Colombia, where the incident is known as a «train crash». In our country, to debate whether the Constitutional Tribunal is hierarchically superior to the Judiciary is to mention the scope of Article 201 of the Constitution in force that defines the Constitutional Tribunal as the autonomous and independent «controlling body of the Constitution». However and strictly in relation to the foregoing, this article also tackles the binding precedent, a ...
12
artículo
Publicado 2024
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The Acordada mutiny and the looting of Parián, depicted the electoral failure of 1828 and were a significant reflection of the economic, political, and social instability that Mexico had been experiencing since the promulgation of the first federal constitution four years earlier. This constitution sanctioned a diffuse and indirect electoral process as a result of a poor adaptation of the American system. In this context, the political campaign took place to elect the second president of the nation, whose candidates primarily represented the two groups united around masonic rites, and also associated with the two distinct ways of building the nation: liberals of the York rite and conservatives of the Scottish rite, along with some moderate Yorkists. The results were contested through violence leading to the occurrence of these two events that culminated in an armed confrontation, ending...
13
artículo
Publicado 2019
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Este trabajo evalúa la capacidad deliberativa de los procesos constituyentes de 1979 y 1993. Adicionalmente, examina el lugar que le correspondió ocupar al fenómeno de la violencia política en dichos procesos. En ese orden, se puede advertir que la Constitución de 1979 no abordó el problema de la violencia política, y tampoco lo hizo la Constitución de 1993, más bien buscó soluciones punitivas para enfrentarlo, además que esta última tuvo origen antidemocrático. El proceso constituyente como un espacio de articulación, expresión y participación pública democrática quedó frustrado porque ni la Constitución de 1979 y ni la de 1993 abordaron el factor de la violencia política en el debate y discusión constitucional.
14
documento de trabajo
In the case of food in favor of a child and teenager, states in Article 93 1, that while parents have both the duty to provide food for their children, this obligation, in case of absence or ignorance of the whereabouts of the parents , Could be assumed by older siblings, grandparents, collateral relatives up to the third degree or other responsible of the child and adolescent, in that sense the strictly stated articles indicate that the members of the family understood this as those people united by emerging legal links a intersex relationship, procreation and kinship according to the statement by Dr. Alex Placido 2 , - are to be owed each other, but in the Peruvian reality, food processing is not meeting Its aims that the rule has established since in practice we find many problems to be effective collection among these we have the bureaucracy, speed, form and way of enforcing complian...
15
tesis de grado
Publicado 2021
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El informe de suficiencia profesional tiene como objetivo el desarrollo de un sistema electrónico de identificación de herramientas en tiempo real para la empresa Process Automation & Drive SAC ubicada en la provincia constitucional del Callao, con la finalidad de mejorar el control interno de sus activos fijos. Además, se desea alcanzar la información de las herramientas en tiempo real dentro de la empresa para una mejor toma de decisiones. El proyecto emplea un enfoque cuantitativo, debido a que se consigue reducir el porcentaje de pérdidas. Un enfoque correlacional ya que el proyecto se realiza por medio de causas y efectos. Y se utiliza una investigación de carácter exploratorio ya que se recogen resultados en base a una encuesta realizada a los colaboradores de la empresa donde se desarrolló el proyecto, para medir aspectos cuantitativos. Al concluir el desarrollo del sistem...
16
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.
17
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.
18
artículo
Publicado 2015
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This article analyzes the content of the judgment Elgo Rios, to see if really that judgment represents a change of direction before the criteria handled by the Constitutional Court. This will explain the implications of procedural rules implemented for the recruitment in the private system over the previous precedent governing the origin of labor protection, that is, the judgment on the record 206-2005-PA, the precedent Baylon.
19
artículo
Publicado 2014
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In the last years, there is a gradually participation of the Judicial Branch in the Congress competences and functions to supervise and inquire into issues of public interest. As a result, it has questioned the separation of powers principle. In that context, this article focuses on analyzing what the judicial supervision limits of the due process in the procedures before the inquiry commissions in the Congress are.
20
artículo
After what happened in 1989, the doctrine states that we are now in the “World Time of the Constitutional State”. But what are the implicationsof this? How has this impacted on the dispute of the German doctrine about the right comprehensionof the nature of the Constitution? Which shouldbe the labor of a Public Law and International Law professor in this context?In the present article, the author comments the indicated phenomenon, and, in order to do this, he uses figures such as the Cooperative Constitutional State, or the living constitutions. Constitutions, he states, aren’t just a product of constitutionalism, but many other factor must be taken into account.
