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1
artículo
The attack on Charlie Hebdo in January 2015 caused political statements and academic reflections principally on the danger to constitutional principle of french laicism and republican values, without detriment to the references to freedom of expression and other rights as to the relationship with terrorist attacks in november 13 in Paris in the same year. The purpose of this work is the understanding and application of this constitutional principle in the present circumstances in France. The point of reference is the legal basis, the recent national jurisprudence and consideration of this in the international legal community.
2
artículo
The research paper entitled “Principle of subsidiarity economic state of the politic Constitution in Peru” seeks to answer the following question: What is the scope of the constitutional principle of state economic subsidiarity? In this regard, it should be noted that this study is an explanatory and documentary. Similarly, the research method used is analytical and inductive. He turned to secondary sources and how technical the document review. In this perspective, for a better understanding of the subject, the content of this document is structured in three parts: the first sets out the background, the second raises the foundation of economic subsidiarity principle and the third state covers matters relating the limits of state power and state functions. Then, we present our conclusions. Finally, the literature discloses.
3
artículo
The research paper entitled “Principle of subsidiarity economic state of the politic Constitution in Peru” seeks to answer the following question: What is the scope of the constitutional principle of state economic subsidiarity? In this regard, it should be noted that this study is an explanatory and documentary. Similarly, the research method used is analytical and inductive. He turned to secondary sources and how technical the document review. In this perspective, for a better understanding of the subject, the content of this document is structured in three parts: the first sets out the background, the second raises the foundation of economic subsidiarity principle and the third state covers matters relating the limits of state power and state functions. Then, we present our conclusions. Finally, the literature discloses.
4
artículo
Publicado 2014
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The content and function of the contribution capacity principle has been a controversial issue for economists and jurists. Through the jurisprudence of the Constitutional Court of Peru, the author claims the capacity of contribution as an implied constitutional principle to award a self-governing function from other principles (legality, equality and non confiscatory) and recognize the outstanding methodological contribution to the Financialand Taxation law unit.
5
artículo
Publicado 1981
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This paper presents an approach to the new tax reforms that have emerged as a result of the Peruvian Political Constitution of 1979. The main objective is to identify the principles that the Constitution contains as a guarantee for taxpayers, and which in turn act as limits to the taxing power exercised by the State. This study provides an overview of the principles of legality, universality, obligatory nature, certainty and non-confiscatory nature of taxation, among others. In this respect, the author determines what the essential characteristics of tax law should be in order to regulate the power of the State and safeguard the interests of society.
6
artículo
Publicado 2021
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This article proposes the development of a comprehensive criminal policy against corruption based on supranational and national legal principles within the framework of the constitutional rule of law. The objective of this proposal is to reinforce the legitimacy of the State and the unrestricted respect for fundamental rights.
7
artículo
Publicado 2014
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Marriage is one of the most important socialand legal institutions of humanity. Over time, its concept has varied and has adapted to thesocial and cultural evolution of our societies.In this article, the author proposes a new constitutional concept of marriage, which includes same-sex couples, explaining also the role that the principle of promotion of marriage, protected in the Constitution, plays in its configuration.
8
artículo
Publicado 2009
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This work intends to analyze the constitutional basis of communal justice through the study of what is established in the Constitution, the set of constitutional provisions, the jurisprudence of the Peruvian Constitutional Court on the subject and norms of protection of human rights with respect to communal justice, focusing on developing the scope and constitutional limits of communal justice. In the first part, the concept of communal justice is developed, which will be used as a basis for the later part of the article. After that, it explains the consequences of a literal and isolated interpretation of Article 149 of the Peruvian Constitution, which leads to inaccurate considerations. In the third part, criticisms are made of the literal interpretation that has been developed and it is demonstrated that its use is not feasible or adequate to study communal justice in a correct manner....
9
artículo
This text examines the impact of labor law principles in specific contexts, using as a case study the suspension of daylight saving time in Peru during 1986 and 1987. According to the facts of the case, this schedule, which reduced the working day for state and public administration workers, was restored to 8 hours by emergency decrees. Based on this, the validity of such decrees is questioned due to the non-compliance with the requirements of urgent and extraordinary necessity, as well as the violation of the workers' acquired rights. In this context, the author analyzes two possible interpretations of Article 44 of the Constitution: one of a progressive nature, which prohibits the retrogression in the protection of labor rights, and another that allows the extension of the working day within the 8-hour limit. By virtue of this, a balanced perspective is proposed that guarantees respect...
10
artículo
Publicado 1982
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The 1979 Constitution introduced innovations and improvements in the recognition of rights. One of these cases is the relevance with which this Magna Carta addresses labour law in the Peruvian legal system. To that extent, it can be observed that the Peruvian Constitution of 1979 not only highlights the fundamental character of this right, but also conceives work as a social and economic fact in the country. Consequently, this constitutional text is classified as a manifestation of social constitutionalism that seeks to enshrine in its pages the guiding principles of labour law. This situation has allowed work to be established as a means of human fulfilment and as the main source of wealth for the State. However, while there is no doubt that this constitution represents a significant advance for labour law, it should be mentioned that having recognised the foundations of social constitu...
11
artículo
Publicado 2020
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In this article, the author presents to us the basis that were used by the Constitutional Court to declare the unconstitutionality of the legal classification of the offences of the sanctioning power of the Comptroller General of the Republic, for being contrary to the principles of legality and typicality, to later refer to the treatment that the aforementioned principles in the jurisprudence, doctrine and in national legislation have deserved, and finally culminate pointing out the elements that, in their opinion, should have been considered in the resolution of the case to properly address an issue that considers to be central to the legal system, consistent in the standards for the legal classification of the offences in the sanctioning regimes of the personnel that provides services in the State.
12
artículo
Publicado 2021
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The virtues of arbitration depend on the principle of judicial non-interference in its proceedings and on a limited regime of subsequent judicial control of arbitrations. However, there is a lot of confusion about the articulation of the different procedural control channels applicable to arbitrations, the timing of their activation and their scope. Article 3 of the Arbitration Act establishes the principle of judicial non-interference, but it needs to be understood within the entire framework of existing procedural defenses. For these purposes, the history of national and comparative jurisprudence plays an extremely relevant role.
13
artículo
Publicado 2019
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The Constitutional Court of Colombia, in its role as supreme interpreter of the Constitution of that country, declared article 1616 of the Civil Code as constitutional in Judgment C-1008 of 2010. Said article establishes the debtor’s liability for damages in contractual matter. The Court upholds its ruling using, among other arguments, article 74 of the Vienna Convention for the International Sale of Goods and article 7.4.4 of the UNIDROIT Principles of International Commercial Contracts, which means that the ruling was widely based on the lex mercatoria. In this article, the authors analyze the Court’s judgment and discuss about the uniform interpretation that the customs and practices of international commerce must be subjected to.
14
artículo
Publicado 2020
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The Court of Justice confirmed early that the principle of an effective remedy is a general principle of EU law. With the entry into force of the Lisbon Treaty and the EU Charter of Fundamental Rights, the foundation of case law turned to the Article 47 of the Charter, detecting progresses which suggest that the Court has assumed the task of conferring to said precept the effectiveness and the proper content that the protection of the rights recognized by EU law demands. In this paper we will expose the argumentative lines to which the Court has resorted to support the aforementioned fundamental right. Secondly, the common legal bases of these case law lines will be revealed, trying to show that there have not been qualitative differences that prevent to pose a unitary configuration of a same and unique right. Lastly, the intention is to define the content of this right with an integrati...
15
artículo
Publicado 2018
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El autor analiza la participación y distribución de los trabajadores y trabajadoras en el mundo laboral para demostrar el grado de vulnerabilidad que padecen las mujeres. Además, señala que esta situación se agudiza cuando son contratadas bajo régimen del Contrato Administrativo de Servicios (en adelante CAS), el cual constituye una modalidad de contratación que precariza el empleo y que muchas veces sirve para encubrir prácticas discriminatorias en perjuicio de las servidoras que deciden ejercer su maternidad. Por ello, sostiene que todas las entidades de la administración pública deben brindar una protección especial a las trabajadoras gestantes, conforme lo reconoce nuestro texto constitucional, a fin de garantizarles la continuidad en el empleo y las correspondientes prestaciones económicas y médicas para el resguardo de su derecho a la salud e integridad. así como el d...
16
artículo
The text examines the relationship between the general principles of law and the particular principles of labor law, highlighting their role as foundations of the legal system. It is recognized that general principles, divided into different levels, are conceived as the backbone of the rules, while labor principles, such as the protective principle, the most favorable rule and the most beneficial condition, are designed to mitigate the inequality inherent in the labor relationship between employer and employee. In addition, it is emphasized that labor principles acquire great prevalence in cases of normative conflict within this area, prioritizing the protection of workers' rights, even in the face of hierarchically superior provisions. The author also emphasizes that the principles are not only interpretative tools, but dynamic reflections of values and social consensus, such as labor s...
17
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.
18
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.
19
artículo
Publicado 2018
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Los sistemas sociales, culturales y jurídicos están presididos por parámetros de uniformización, o por un igualitarismo artificial, que construye la diferencia. El Derecho Constitucional sigue también esta tendencia de uniformización o igualitarismo artificial. Ante ello cabría proponer un “etnopluralismo” para generar espacios de (re)conformación las estructuras jurídicas indígenas y para habilitar nuevos espacios para la construcción de sociedades democráticas colectivamente más plurales, en las que los derechos fundamentales sean reforzados por los derechos colectivos. Este artículo responde a la pregunta básica de por qué la teoría constitucional debe abrir otras vías operativas respecto a los derechos indígenas. Expone, en consecuencia, los presupuestos sobre los que se legitimaría el reconocimiento constitucional de los derechos colectivos indíg...
20
artículo
Publicado 2014
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The present article discusses when the tax moratorium interest as part of the tax debt is generated, and which judicial way to discuss its payment. For this purpose, the author starts developing the explicit constitutional principles that are limits to the taxing power of the State; and then she makes a compilation of the judgments of the Constitutional Court regarding the application of the tax moratorium interests.
