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https://purl.org/pe-repo/ocde/ford#5.02.04
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constitutional projects » constitutional property (Expander búsqueda), constitutional process (Expander búsqueda), constitutional protection (Expander búsqueda)
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constitutional projects » constitutional property (Expander búsqueda), constitutional process (Expander búsqueda), constitutional protection (Expander búsqueda)
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1
artículo
Publicado 2018
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This article shows us the path that had to be developed to establish the Constitution of 1856, first establishing the conditions that questioned the Constitution of Huancayo, observing its marked conservatism. After the triumph of the revolution of 1854, liberal ideas triumphed which were reflected in the constitutional debate of the National Convention of 1855. The 1855 and 1856 biennium would be marked by a series of publications that sought to influence the development of the Constitution of 1856. Within all this panorama the north is the economic modernization of the Peruvian State of the XIX century.
2
artículo
Publicado 2018
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This article shows us the path that had to be developed to establish the Constitution of 1856, first establishing the conditions that questioned the Constitution of Huancayo, observing its marked conservatism. After the triumph of the revolution of 1854, liberal ideas triumphed which were reflected in the constitutional debate of the National Convention of 1855. The 1855 and 1856 biennium would be marked by a series of publications that sought to influence the development of the Constitution of 1856. Within all this panorama the north is the economic modernization of the Peruvian State of the XIX century.
3
artículo
Publicado 2020
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The issue of the independence of competition agencies has been the subject of debate in law in general. Particularly in the different forums organized by the Organization for Economic Cooperation and Development due to the international standard required of such bodies. In this sense, an autonomous constitutional organism is relevant for the proper development of public administration and, consequently, for the fulfillment of the public interest of a State.In this article, the author analyzes whether the Constitution provides reasons to consider Indecopi as a new OCA. To this end, he analyzes how public administrations are organized, why Indecopi would need to be an autonomous agency and if there are constitutional legal reasons that can sustain Indecopi’s interest in having a greater detachment from the government.
4
artículo
Publicado 2019
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This paper analyses and makes a critical balance of the Chilean constitutional reform project, sent by the President of the Republic to the Senate. The objective of the constitutional reform project is to elaborate a democratic New Constitution, in contrast to the current constitution that is a product of an institutional rupture. To do that there was a participatory process of citizenship that culminates with the “Citizens Bases for a New Constitution”, also, an Indigenoues Constituent Process was made.
5
artículo
Publicado 2023
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This paper addresses the new problems arisen after the recent judgement from the Spanish Constitutional Court ratifying revisable permanent prison. We need to bear in mind that Constitutional Law 1/2015 introduces permanent revisable prison for the very first time in the Spanish sentencing system. This sentence faced serious problems of constitutionality that were highlighted by a report made by a group of experts that would serve as a basis for the action of unconstitutionality presented in June the 30th 2015. It has taken six years for the Constitutional Court to solve this action in the sadly predictable sense to consider this penalty as constitutional; nevertheless, three dissenting votes pointed in the opposite direction. This decision has left an open door that certain political parties have decided to take and advantage of, in a punitive turn to extend this revisable permanent pri...
6
artículo
Publicado 2024
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In recent years, the court has been a relevant topic in historiography. When we refer to the court as a space that is political, artistic, financial, etc., we should not only think of the court par excellence, that of the king, but also of the other distinct spheres made up of nobles, ecclesiastics and illustrious members of the common folk, who formed centers of scholarly discussion and power and exercised a political, religious, cultural and economic role in the territory. In the Indies, different courts were juxtaposed with each other, but researchers have tended to focus on viceregal courts. In these courts, the highest monarchical office was executed: the viceroy acted as the link between the monarch and his American vassals, and as an impressive focal point for groups that composed the sociopolitical framework of the viceroyalties. The court was the most prestigious center in which...
7
artículo
Publicado 2018
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Both private and public activities play a transcendent role for the implementation of projects in which project finance is used as a financing system. The links will be given at all times, since the VPS is constituted as it will need to be registered in the register of legal entities for its operation; the project will also require various authorizations, for example those required under the competition regime; as well as licenses issued by municipalities, regional or central governments; the administration is also present regarding the tax regime and the corresponding tax payment; even, in some cases, the State determines change control; In addition, governments have a vital influence on political risk or country risk, which implies an area of evaluation that the promoters make regarding the stability of the project over time.
8
artículo
Publicado 2010
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This paper is about the social projection and the university social responsibility along with the relationship that could have between the university and society, through the law schools. The author focuses in the university regulation, the university principles, as well as its aims in order to explain the relationship of the university and the society through the social projection that gives access to the social responsibility as an attitude that must promote and develop in its students. When discussing about the university social responsibility he indicates that it is based on the management approach that promotes the good practices in the internal administration and its engagement with society. In addition, he refers that the university had promoted its own definition and theoretical model that constitutes a transversal approach with basic university functions, the social projec...
9
artículo
Publicado 2013
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The study analyzes the various modernization projects at the Faculty of Medicine San Fernando, in the context of a serious institutional crisis at the end of the XXth century. Beginning from the thinking collective and thinking style categories proposed by Ludwick Fleck, we study the social and historical processes related to the different initiatives displayed in the ancient Peruvian school of medicine. Analysis of the different initiatives identified lead us to the hypothesis that San Fernando’s crisis as an academic collective is based in the proper contradictions of an unfinished institutional project that also manifests cyclically asynchronous and dysfunctional to the complex and changing Peruvian society’s institutional and cultural environment. The study systematizes the main characteristics of the different institutional modernization projects. Following an analysis of the cu...
10
artículo
Publicado 2019
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Validation of the Management Methodology to improve the execution of Infrastructure projects by Direct Administration of Local Governments in the Jorge Basadre de la Tacna Province. The type of research is applied because it is oriented towards the validation of an international standard methodology of international prestige and to seek an improvement in the execution of infrastructure projects under the infrastructure modality in the Jorge Basadre Province of the Department of Tacna. It is concluded with a level of confidence of 95%, that the level of validity that the development of a Management Methodology improves the efficiency in the execution of infrastructure projects by direct administration of the Local Governments in the Province Jorge Basadre of the Tacna, regarding the Scope, cost and time, proposed, is high, therefore, it constitutes a viable alternative for the solution of...
11
artículo
Publicado 2019
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Validation of the Management Methodology to improve the execution of Infrastructure projects by Direct Administration of Local Governments in the Jorge Basadre de la Tacna Province. The type of research is applied because it is oriented towards the validation of an international standard methodology of international prestige and to seek an improvement in the execution of infrastructure projects under the infrastructure modality in the Jorge Basadre Province of the Department of Tacna. It is concluded with a level of confidence of 95%, that the level of validity that the development of a Management Methodology improves the efficiency in the execution of infrastructure projects by direct administration of the Local Governments in the Province Jorge Basadre of the Tacna, regarding the Scope, cost and time, proposed, is high, therefore, it constitutes a viable alternative for the solution of...
12
artículo
Publicado 2019
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Validation of the Management Methodology to improve the execution of Infrastructure projects by Direct Administration of Local Governments in the Jorge Basadre de la Tacna Province. The type of research is applied because it is oriented towards the validation of an international standard methodology of international prestige and to seek an improvement in the execution of infrastructure projects under the infrastructure modality in the Jorge Basadre Province of the Department of Tacna. It is concluded with a level of confidence of 95%, that the level of validity that the development of a Management Methodology improves the efficiency in the execution of infrastructure projects by direct administration of the Local Governments in the Province Jorge Basadre of the Tacna, regarding the Scope, cost and time, proposed, is high, therefore, it constitutes a viable alternative for the solution of...
13
artículo
Publicado 2011
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The implementation phase of the plant and commencement of operations of the copper deposit Quellaveco 2015 has entered a relatively critical stage , because , should get the social license. An opponent citizen sector linked to the agricultural sector represented by the board of users Irrigation District Moquegua and leaders of the Front for the Defense of Moquegua and City Council District Torata question the environmental impact study and activities implemented by the company in the area where the site is located. The Regional Government has constituted a roundtable this year with participation of the National Government , Local Government , Civil Society and Mining Company , meetings leading to the making of a political and technical decision to fully resolve this project in terms of development and improvement in the quality of life of the population. On the other hand, the absence of...
14
artículo
Publicado 2011
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The implementation phase of the plant and commencement of operations of the copper deposit Quellaveco 2015 has entered a relatively critical stage , because , should get the social license. An opponent citizen sector linked to the agricultural sector represented by the board of users Irrigation District Moquegua and leaders of the Front for the Defense of Moquegua and City Council District Torata question the environmental impact study and activities implemented by the company in the area where the site is located. The Regional Government has constituted a roundtable this year with participation of the National Government , Local Government , Civil Society and Mining Company , meetings leading to the making of a political and technical decision to fully resolve this project in terms of development and improvement in the quality of life of the population. On the other hand, the absence of...
15
artículo
Publicado 2022
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Faced with the advanced of the judicialization of politics - and the politicization of justice - this article set out to recreate a controversial scene. Controversy, debate, litigation, polemic, were categories used in this text to characterize the exchange –both political and journalistic– around the "Project for the Democratization of Justice" presented by the former president of the Argentine Nation, Cristina Fernández de Kirchner, in 2013. To do this, we have analyzed the news related to the project of three national newspapers (Clarín, La Nación and Página / 12) and put them in tension with the properly political discourse. What is important at this point does not consist of verifying whether the study actually corresponds to a Lawfare process or, conversely, to an attempt by a certain government to intercede –for political party purposes– in the correct functioning of j...
16
artículo
The present paper seeks to establish some relationships between political regimes and constitutional design, putting into debate the notion of the Arab Spring and its extent to explain the regimes changes and authoritarian breakdown. This is why topics as the scope of political participation in constitutional processes and the context of constitutional drafting are reviewed on the lights of the dataset of the Comparative Constitutional Project. The article is divided in five main parts. Firstly, it is contextualized the Arab Spring centered in the process of decision making and the actors related to the process of constitutional design. In the second place, the notions of majority constitutions and constitution compromises are turning in a debate. In the third place, a review of comparative studies about constitutions is presented by emphasize the work of Ackerman and Arato. In th...
17
artículo
As is known from the 80s of last century wave of democratization swept Latin America. The various dictatorships that time concluded. In most cases because the military government left power in International convened a constituent assembly as in Ecuador, Peru, Brazil and Chile, or are returned to the previous constitution as happened in the Uruguay reestablished the presidential Cons.. titution of 1966. Mexico and Argentina also did the same. Instead Venezuela and Colombia, who suffered no coups kept their constitutions. However they would be modified. In the case of Venezuela when Chavez was elected President and the Colombian government's decision then. The change of the Colombian Constitution was exemplary because it was linked to the use of direct democracy with double effect. First, a referendum was held to ask the people whether he was in favor of a new constitution and, after the p...
18
artículo
Publicado 2021
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It is not difficult to identify the monetary costs derived from the execution of a major infrastructure project. That is why, when these projects fail to produce the expected results, they are labeled as ‘white elephants’: due to their high costs and low benefits. However, cost analysis tends to ignore the serious impact that a project can have on the legal system, especially when it involves a legal framework that is not fully coherent with other law principles and may enable authorities to perform arbitrary actions. The authors propose this to be the case of Peru’s National Dorsal Fiber Optic Network. More than five years after its implementation, the project cannot meet the market’s needs and has led to the issuance of contradictory and arbitrary decisions. This situation has affected some constitu...
19
artículo
Publicado 2021
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Research related to the teaching-learning process, for many years, has been a concern of teachers and researchers to transform the traditional role of the student as a spectator and of the teacher as the main actor. The work presented constitutes part of the research carried out by the authors in the search for proposals that transform the teaching-learning process of physics in pre-university education and their objective is to establish the foundations and recommendations for the use of projects as a method that encourages students to become protagonists of their own learning.
20
artículo
Publicado 2022
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The author of this essay analyzes the right to lunch break based on the approach made through the preliminary project of the Labor Code proposed by the Executive Branch, and focuses on developing the scope of the right to a work break as a stand-alone definition of lunch break since it refers not only to consuming food, especially to having lunch, but to developing a space for personal interaction that allows employees to continue with their work activities after the time given by employers for food consumption. While it is recognized that the right to work break does not have a direct constitutional reference, it is worth noting that it comes from the sum of the fundamental rights to dignity and health. In accordance with what is argued, this analysis specifies the need for the right to work break to be valued more broadly, and we should focus on developing the bases by which it should ...
