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constitutional process » constitutional processes (Expander búsqueda), constitutional procedure (Expander búsqueda), constitutional property (Expander búsqueda)
para constitutional » peru constitutional (Expander búsqueda), spain constitutional (Expander búsqueda), a constitutional (Expander búsqueda)
constitutional process » constitutional processes (Expander búsqueda), constitutional procedure (Expander búsqueda), constitutional property (Expander búsqueda)
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1
artículo
Publicado 2016
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The new process aims to provide an immediate solution to regulatory problems of citizen insecurity perceived in Peru. A differentiated and prompt attention for crimes committed in flagrancy and the increase of the delinquencies incidence, omission of family support and drunk driving is proposed. The study of this new procedure should cover the main criticism, to a weighting of constitutionality.
2
artículo
Publicado 2016
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The new process aims to provide an immediate solution to regulatory problems of citizen insecurity perceived in Peru. A differentiated and prompt attention for crimes committed in flagrancy and the increase of the delinquencies incidence, omission of family support and drunk driving is proposed. The study of this new procedure should cover the main criticism, to a weighting of constitutionality.
3
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.
4
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.
5
artículo
Publicado 2024
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This article aims to reflect on the implementation of artificial intelligence in constitutional processes, specifically in amparo and habeas corpus proceedings against judicial rulings, and the aporia that such an approach would entail, given that it is currently a complex task for claimants to determine the violation of constitutionally protected fundamental rights within ordinary judicial processes. This implies that when such processes are constitutionalized, they may fail to merit a substantiated judgment, as inadmissibility often becomes a decisive factor. From this perspective, an intriguing question arises: Would the implementation of artificial intelligence be effective in resolving constitutional processes that challenge judicial decisions, particularly from the standpoint of protecting fundamental rights and ensuring effective procedural safeguards? Answering this question requ...
6
artículo
Publicado 2024
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This article aims to reflect on the implementation of artificial intelligence in constitutional processes, specifically in amparo and habeas corpus proceedings against judicial rulings, and the aporia that such an approach would entail, given that it is currently a complex task for claimants to determine the violation of constitutionally protected fundamental rights within ordinary judicial processes. This implies that when such processes are constitutionalized, they may fail to merit a substantiated judgment, as inadmissibility often becomes a decisive factor. From this perspective, an intriguing question arises: Would the implementation of artificial intelligence be effective in resolving constitutional processes that challenge judicial decisions, particularly from the standpoint of protecting fundamental rights and ensuring effective procedural safeguards? Answering this question requ...
7
artículo
Publicado 2024
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The study presents the results of a bibliographic review on constitutionalism that was established after the war of independence and that was assumed by the Constituent Congress of 1822. From the perspective of the historiography of law with an interdisciplinary approach, it is proposed a valuation of the role and contribution of women, peasants and Afro-descendants to the political independence of our country. From this, it can be affirmed that the founding of the republic was the product of a complex socio-political process, and that the official and patriarchal history has made invisible the other protagonists, the population sectors historically excluded from the political, legal, economic and constitutional of said Constituent Congress. Thus, it is intended to contribute to the understanding, analysis and critical assessment of the role and contribution of the feminist, peasant and ...
8
artículo
Publicado 2024
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The study presents the results of a bibliographic review on constitutionalism that was established after the war of independence and that was assumed by the Constituent Congress of 1822. From the perspective of the historiography of law with an interdisciplinary approach, it is proposed a valuation of the role and contribution of women, peasants and Afro-descendants to the political independence of our country. From this, it can be affirmed that the founding of the republic was the product of a complex socio-political process, and that the official and patriarchal history has made invisible the other protagonists, the population sectors historically excluded from the political, legal, economic and constitutional of said Constituent Congress. Thus, it is intended to contribute to the understanding, analysis and critical assessment of the role and contribution of the feminist, peasant and ...
9
artículo
Publicado 2008
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Being the end of the process a public interest of the State, the judge has probatory initiative for the search of the judicial conviction, however this initiative is limited to the elucidation of the facts that the parties have not proof in a suitable way. The Civil Procedural Code omits in the design of the application of the proofs ordered by the judge the limits on the probatory initiative, omission that must be corrected through a systematic interpretation of the articles 188 and 190 of the Code as a result of the legal interpretation, and going to the procedural doctrine that has established as limits: a) That the judge's test is limited to the following controversial facts; b) The source of the proof must appear in the process; and c) Regarding the principle of contradiction and the right of defense of the parties, allowing to extend its initially proposed tests.
10
artículo
Publicado 2008
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Being the end of the process a public interest of the State, the judge has probatory initiative for the search of the judicial conviction, however this initiative is limited to the elucidation of the facts that the parties have not proof in a suitable way. The Civil Procedural Code omits in the design of the application of the proofs ordered by the judge the limits on the probatory initiative, omission that must be corrected through a systematic interpretation of the articles 188 and 190 of the Code as a result of the legal interpretation, and going to the procedural doctrine that has established as limits: a) That the judge's test is limited to the following controversial facts; b) The source of the proof must appear in the process; and c) Regarding the principle of contradiction and the right of defense of the parties, allowing to extend its initially proposed tests.
11
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...
12
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 ...
13
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 ...
14
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.
15
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.
16
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.
17
artículo
Publicado 2014
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This research had as objective develop, implement and validate lexicons (write to the dictation of words and sentences to assess mastery of the phonological path and write words to assess the visual route spelling), a program of stimulation of the psychological processes of the writing: syntactic process (ordering and complete words, placing punctuation) and planning of measured Scripture through the construction of a sequence of stories and the drafting of a descriptive and narrative text. The sample was comprised of 111 students in 2nd and 3rd grade primary school (56 of the control group and 55 of the experimental group) of two state educational institutions of Callao. It was observed an increase in all the tasks mentioned except in the drafting of texts and narratives due to time factors. From the result we recommend the dissemination of this programme with the aim of forming student...
18
artículo
Publicado 2018
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The Spanish Constitution was adopted in 1978. It contains some articles related to migration issues. According to article 13.1, aliens shall enjoy the rights guaranteed by the Constitution under the terms to be laid down by treaties and the Spanish law. Article 13 refers also to the question of extradition and to the possibility of seeking asylum in Spain. This work aims to determine the scope of these provisions, taking into account both the Constitutional Court’s case law adopted to implement it, and the international obligations assumed by the State. Besides that, the analysis should consider, on the one side, that since the adoption of the Constitution, Spain is not a country of origin of migrants any more, but a country of destination. And, on the other side, the deep impact of the European integration process on migration Spanish law and policy.
19
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.
20
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.
