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constitutional procedure » constitutional procedural (Expander búsqueda), constitutional protection (Expander búsqueda), constitutional court (Expander búsqueda)
para constitutional » peru constitutional (Expander búsqueda), spain constitutional (Expander búsqueda), a constitutional (Expander búsqueda)
constitutional procedure » constitutional procedural (Expander búsqueda), constitutional protection (Expander búsqueda), constitutional court (Expander búsqueda)
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1
artículo
Publicado 2015
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The present paper will analyze the procedural autonomy that the Constitutional Court has in order to solve the causes that are put under it knowledge.As it is observed, there are two theses; one of them totally denies the procedural autonomy to the Constitutional Court, but the other one agrees about the procedural autonomy of the Constitutional Court. From my point of view I consider that the Constitutional Court has procedural autonomy, which will be sustained throughout the present investigation.
2
artículo
Publicado 2004
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Constitutional Procedural Law is a discipline that has evolved and gained legitimacy over time. However, there are still questions surrounding this branch of law. The definition of its meaning still represents a challenge for the doctrine. In this sense, the aim of this paper is to explore the origin of the concept and to offer an adequate definition. To this end, the author analyses recent developments and advances in the field. Although important points are addressed, there are still relevant questions that need to be explored in order to achieve a more complete understanding of this discipline.
3
artículo
This essay offers a feasible and verifiable theoretical basis for affirming what is called the fourth procedural paradigm, corresponding to the constitutional perspective of the civil procedure or the constitutionalization of it, as an overcoming of its previous classical and instrumentalist stages. To this end, through the interdisciplinary method, the research uses constitutional law, legal interpretation and procedural law to reshape the theoretical bases of the civil process and give it a constitutionalized value through the recognition of fundamental procedural rights as directly applicable norms containing optimization mandates. If it is a question of constitutionalizing the civil procedure, the essay, then, does not only seek the safe passage through the account of the so-called procedural guarantees. On the contrary, the functional or utility method applied to the same imposes th...
4
artículo
In the text of the New Criminal Procedure Code there are rule with inquisitive lags that have being applied literally, preventing the consolidation of the Accusatory Model in Peru. Such inquisitive lags affect the consolidation of the oral audiences system and the adversarial system of trial and the design of an efficient investigation based on the coordination between the police and the prosecution. The problem is aggravated because in Peru an integral reform of the legal system (Constitution and Organic Laws) to ensure real change in criminal justice was not carried out, as it was done in Chile and Colombia. Before the defect of the legislature, there is the option of a constitutional interpretation of these rules, as stipulated in Article X of TP the NCPP, to ensure the success of the criminal procedure reform in Peru.
5
artículo
In the text of the New Criminal Procedure Code there are rule with inquisitive lags that have being applied literally, preventing the consolidation of the Accusatory Model in Peru. Such inquisitive lags affect the consolidation of the oral audiences system and the adversarial system of trial and the design of an efficient investigation based on the coordination between the police and the prosecution. The problem is aggravated because in Peru an integral reform of the legal system (Constitution and Organic Laws) to ensure real change in criminal justice was not carried out, as it was done in Chile and Colombia. Before the defect of the legislature, there is the option of a constitutional interpretation of these rules, as stipulated in Article X of TP the NCPP, to ensure the success of the criminal procedure reform in Peru.
6
artículo
Publicado 2017
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This article will analyze the grounds of inadmissibility of the amparo process established in paragraph 1 of article 5 of the Peruvian Constitutional Procedural Code. The essential features of the amparo process and the grounds of inadmissibility will be briefly presented. Likewise, reference will be made to doctrinal divergences to define the constitutional content and will be explained by the fact that according to the Fourth Final and Transitional Provision of the Constitution and Article V of the Preliminary Title of the Constitutional Procedural Code, it is possible to configure the constitutional content of a right such as it has done in Constitutional Court of Peru in several cases.
7
artículo
Publicado 2007
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The author deals with the background of what is known as the institute of «procedural autonomy»; to this end he employs the study made by the Spanish author Patricia Rodríguez-Mendoza and concludes that the study does not, in fact, deal with «procedural autonomy» (proceeding) but rather «procedural autonomy». Finally, the author concludes that with his article he looks to reveal that the use of the Constitutional Procedural Autonomy has been the foundation for the harmful effects caused in various verdict of the Constitutional Court.
8
artículo
Publicado 2007
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The author deals with the background of what is known as the institute of «procedural autonomy»; to this end he employs the study made by the Spanish author Patricia Rodríguez-Mendoza and concludes that the study does not, in fact, deal with «procedural autonomy» (proceeding) but rather «procedural autonomy». Finally, the author concludes that with his article he looks to reveal that the use of the Constitutional Procedural Autonomy has been the foundation for the harmful effects caused in various verdict of the Constitutional Court.
9
artículo
Publicado 1981
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The protection of fundamental rights is an essential task for any state. It is therefore essential to be aware of the procedural measures that can be applied when constitutionally recognised rights are affected. With this in mind, the purpose of this article is to provide a detailed description of the procedural measures and constitutional control mechanisms included in the Peruvian Constitution of 1979 to guarantee the effective protection of fundamental rights. Among the protective measures, the so-called constitutional guarantees stand out: amparo, habeas corpus, popular action and action for unconstitutionality, to which should be added the contentious-administrative action. The report also assesses, albeit to a lesser extent, exceptional regimes and their impact on fundamental rights. Mention is also made of the ability of the Court of Constitutional Guarantees to review in cassatio...
10
artículo
This paper develops the diverse positions that have been presented from the new regulation referring to the prohibition of preliminary dismissal in protection proceedings, habeas corpus, habeas data and compliance, derived from both doctrine, jurisprudence and legislative sieve. It also explains the various legal concepts and categories in connection with the new regulation, such as judicial independence, the fundamental right to access to justice, the preliminary dismissal of the claim, the role of the judge as director of the proceedings, and the constitutionality of the regime of preliminary control of the claim. Finally, an interpretative formula is proposed for section 6 of the New Code of Constitutional Procedure, so that it be related to the Constitution.
11
artículo
The author makes a historic account of the Constitutional Procedural Law, settling the birth of this discipline in the forties in Argentina, product of the work by the Spanish procedural expert Niceto Alcalá Zamora (exiled in this country), and its development in Mexico, product of the special dedication of Héctor Fix-Zamudio. From the moment of its birth, the author realizes a severe investigation about the development of the Constitutional Procedural Law in Mexico, South America, Central America and the Caribbean, stopping at each country to present its bibliographic production and the studies there made on the subject. He also presents the European panorama, making a special reference to France, Spain, Italy and Germany. Finally, the author concludes that the Constitutional Procedural Law confronts serious problems, from its very name to the subjects it must treat, those which are p...
12
artículo
This paper develops the diverse positions that have been presented from the new regulation referring to the prohibition of preliminary dismissal in protection proceedings, habeas corpus, habeas data and compliance, derived from both doctrine, jurisprudence and legislative sieve. It also explains the various legal concepts and categories in connection with the new regulation, such as judicial independence, the fundamental right to access to justice, the preliminary dismissal of the claim, the role of the judge as director of the proceedings, and the constitutionality of the regime of preliminary control of the claim. Finally, an interpretative formula is proposed for section 6 of the New Code of Constitutional Procedure, so that it be related to the Constitution.
13
artículo
The author makes a historic account of the Constitutional Procedural Law, settling the birth of this discipline in the forties in Argentina, product of the work by the Spanish procedural expert Niceto Alcalá Zamora (exiled in this country), and its development in Mexico, product of the special dedication of Héctor Fix-Zamudio. From the moment of its birth, the author realizes a severe investigation about the development of the Constitutional Procedural Law in Mexico, South America, Central America and the Caribbean, stopping at each country to present its bibliographic production and the studies there made on the subject. He also presents the European panorama, making a special reference to France, Spain, Italy and Germany. Finally, the author concludes that the Constitutional Procedural Law confronts serious problems, from its very name to the subjects it must treat, those which are p...
14
artículo
Publicado 2005
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This paper provides an overview of the recent amendment to the Peruvian Code of Constitutional Procedure on the constitutional procedure of habeas corpus in cases of violation, threat or restriction of personal liberty in the context of criminal proceedings. An a contrario sensu interpretation of Law No. 23506 and its complementary law has established that habeas corpus would be applied in the case of irregular procedures, although the law does not explicitly state this. Consequently, in order for habeas corpus to be valid, the irregular procedure had to be directly related to the violation of constitutional guarantees such as due process and effective judicial protection, and this violation had to affect, threaten or limit personal liberty. The absence of an explicit rule led the Code of Constitutional Procedure to state textually that habeas corpus proceedings may be brought against fi...
15
artículo
Publicado 2005
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This text analyses the implications of the amendments introduced by the new Code of Constitutional Procedure in relation to the constitutional process of amparo and its impact on the protection of labour rights. The enactment of Law No. 28237, which establishes this new body of law, marks a notable difference by leaving behind the alternative nature of the amparo to give it a residual character. This fact has raised questions about the procedural route to be followed when a constitutionally protected labour right is affected, such as freedom of work, the right to work or the right to job stability. For this reason, the author provides guidelines and criteria to identify the circumstances under which these labour rights can be considered threatened. To that extent, clarity is offered to both legal professionals and persons affected by possible violations of their labour rights, thus facil...
16
artículo
Publicado 2007
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The Government of laws comes from the Legislative State, whose essential element, among others, is the effective jurisdictional custodyof all the rights and liberties; in this perspective the author inspects the evolution of the denomination of Government of laws; he explains the jurisdictional custody and the due process like fundamental rights; if both rights have identity relation or are different; it also exposes his proposal on the matter; and finally it deals with the recognition of these two rights in the Peruvian Law.
17
artículo
Publicado 2007
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The Government of laws comes from the Legislative State, whose essential element, among others, is the effective jurisdictional custodyof all the rights and liberties; in this perspective the author inspects the evolution of the denomination of Government of laws; he explains the jurisdictional custody and the due process like fundamental rights; if both rights have identity relation or are different; it also exposes his proposal on the matter; and finally it deals with the recognition of these two rights in the Peruvian Law.
18
artículo
Publicado 2024
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The work develops the scenario that is generated in Cuba from 2019, when a new Constitution is approved, which abrogates the one in force since 1976. The new text regulates, for the first time, the effective judicial protection and due process within the chapter dedicated to the Guarantees of Rights and orders the ordinary legislator to dictate new rules of development in the different procedural areas, in charge of regulating the catalog of the new rights recognized in the Constitution. Derived from the constitutional mandate, Law No. 141, of October 28, 2021, “Procedural Code”, was enacted to regulate the processing of civil, family, commercial, labor and social security matters. The new Code, which breaks with the regulatory system of the preceding law, introduces a broad catalog of ordering and investigative powers, which are attributed to a model of judge described as “active...
19
artículo
This essay uses an analytic methodology in order to differentiate three approaches in the classical debate between activist (publicist) and adversarial (guarantee) models in the continental tradition of civil procedural law: the historical, philosophical and institutional approach. It is showed that each one of them has different premises of discussion and also allows to reach particular consequences. We defend a proposal to distinguish between the activist model and the adversarial model from a philosophical point of view by identifying the political theory premises that are in their foundations. In the activist model, the State’s function is to be a provider for the protection of fundamental rights and, therefore, the judicial process is conceived as an instrument of the jurisdiction in order to achieve its public goals. On the other hand, in the adversarial model, the State’s func...
20
artículo
Publicado 2015
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This paper argues that the consumer should choose the procedural mechanism that satisfies their need to resolve a dispute and being compensated. Also, the administration, in order to defend rights of consumers, must have the authority to prefer the Constitution through diffuse constitutional control.
