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democracia constitutional » democracia constitucional (Expander búsqueda), democracia constitucion (Expander búsqueda), democratico constitucional (Expander búsqueda)
democratic constitutional » democratico constitucional (Expander búsqueda), democratic constitutionalism (Expander búsqueda), democracia constitucional (Expander búsqueda)
democracia constitutional » democracia constitucional (Expander búsqueda), democracia constitucion (Expander búsqueda), democratico constitucional (Expander búsqueda)
democratic constitutional » democratico constitucional (Expander búsqueda), democratic constitutionalism (Expander búsqueda), democracia constitucional (Expander búsqueda)
1
artículo
Publicado 2025
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This article critically examines constitutional courts in Latin America and raises the need to rethink the control of constitutionality from a deliberative perspective. Following Fernando Atria's criticisms and reflections on issues such as neoconstitutionalism, constitutional jurisdiction and constitutional concepts, as well as his conception of democratic deliberation and that of Jürgen Habermas, it integrates Hélène Landemore's proposal on open and lottocratic democracy as a way to democratize the control of constitutionality, with a view to laying the foundations for an institutional redesign that overcomes the limitations of the current judicial model and revitalizes the democratic principle.
2
artículo
Publicado 2025
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This article critically examines constitutional courts in Latin America and raises the need to rethink the control of constitutionality from a deliberative perspective. Following Fernando Atria's criticisms and reflections on issues such as neoconstitutionalism, constitutional jurisdiction and constitutional concepts, as well as his conception of democratic deliberation and that of Jürgen Habermas, it integrates Hélène Landemore's proposal on open and lottocratic democracy as a way to democratize the control of constitutionality, with a view to laying the foundations for an institutional redesign that overcomes the limitations of the current judicial model and revitalizes the democratic principle.
3
artículo
Publicado 2006
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This paper highlights the need to examine the role of a constituent assembly within a democratic and constitutional system. To this end, a detailed analysis of the issue is undertaken on the basis of doctrine and constitutional history. It is concluded that the purpose of a constituent assembly is to establish a constituent power and to reform the constitution. Constituent power is the ability of a society to create or reform fundamental rights and the structure of government. Thus, the Constituent Assembly is the way in which the people exercise this power with the aim of amending the existing constitution or creating a new one. However, the author points out that there is one element that cannot be excluded by this power, and that is constitutional democracy. In this sense, this article provides a detailed study that helps to understand what a Constituent Assembly implies as a key enti...
4
artículo
Publicado 2006
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This paper highlights the need to examine the role of a constituent assembly within a democratic and constitutional system. To this end, a detailed analysis of the issue is undertaken on the basis of doctrine and constitutional history. It is concluded that the purpose of a constituent assembly is to establish a constituent power and to reform the constitution. Constituent power is the ability of a society to create or reform fundamental rights and the structure of government. Thus, the Constituent Assembly is the way in which the people exercise this power with the aim of amending the existing constitution or creating a new one. However, the author points out that there is one element that cannot be excluded by this power, and that is constitutional democracy. In this sense, this article provides a detailed study that helps to understand what a Constituent Assembly implies as a key enti...
5
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.
6
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.
7
artículo
Publicado 2018
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Centralization and decentralization as well as deconcentration in the administrative division of the Peruvian state have been conditioned by political, social, economic and religious factors; In brief, by factors of power. The execution of these policies in the Peruvian context has brought serious difficulties in the development of the country. In this article, the author studies the Peruvian model and its adaptations taking into account the historical data. Finally, he proposes the reform challenges that must be faced in decentralization and the strengthening of regionalization, both understood as necessary institutional processes to achieve the integral development of the country.
8
artículo
Publicado 2016
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In this article, the author makes a critical analysis of the political regime in the 1993 Constitution. He begins analyzing the institution of the Presidency of the Republic, along with its vices and defects, criticizing the concentration of power in the figure of the President and the authoritarian management of his attributions, characteristics that are meaningless in a republic system. Thus, he concludes with a new vision of the figure of the President of the Republic and his attributions in order to achieve an improvement in the functioning and efficiency of the State, without affecting the democratic balance.
9
artículo
Publicado 2016
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In this article, the author makes a critical analysis of the political regime in the 1993 Constitution. He begins analyzing the institution of the Presidency of the Republic, along with its vices and defects, criticizing the concentration of power in the figure of the President and the authoritarian management of his attributions, characteristics that are meaningless in a republic system. Thus, he concludes with a new vision of the figure of the President of the Republic and his attributions in order to achieve an improvement in the functioning and efficiency of the State, without affecting the democratic balance.
10
artículo
Publicado 2019
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A fundamental aspect of the Constitutional Democracy is the Jurisdiction, this one demands the Judge to know the Law and the facts; knowing the facts implies establishing the truth in correspondence with reality, without it you can not reach a just decision; therefore, in a Constitutional Democratic State, the Judge can not stop trying to reach the reality of the facts and, the essential object of every process is the search for the truth. If it has been legally chosen to give the Judge the power to dispose the action of proof ex officio, the exercise of this power is guaranteed by the Constitution itself.
11
artículo
Publicado 2022
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What is the role of the Peruvian constitutional justice system in the democratic State? Why is it important? How does it relate with Batman? In this article, the authors analyze the state of the constitutional justice system in Peru and its importance in the protection of human rights and the defense of democracy at the national level. Likewise, from the perspective of art and law, the authors establish a simile between Peruvian constitutional justice and Batman, the dark knight, a famous character from DC Comics who embodies the struggle for just causes.
12
artículo
Publicado 2022
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What is the role of the Peruvian constitutional justice system in the democratic State? Why is it important? How does it relate with Batman? In this article, the authors analyze the state of the constitutional justice system in Peru and its importance in the protection of human rights and the defense of democracy at the national level. Likewise, from the perspective of art and law, the authors establish a simile between Peruvian constitutional justice and Batman, the dark knight, a famous character from DC Comics who embodies the struggle for just causes.
13
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...
14
artículo
Publicado 2009
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In this essay, I expose, in broad outlines, the debate about descentralization between Mariátegui and Belaúnde, at the first part of the last century. Besides, I research the regionalization process established in the 1979 Constitution, especially, during the last decade. This period is caracterized by democracy restauration, the renewal of regionalization process and the reactivation of social conflicts.
15
artículo
Publicado 2009
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In this essay, I expose, in broad outlines, the debate about descentralization between Mariátegui and Belaúnde, at the first part of the last century. Besides, I research the regionalization process established in the 1979 Constitution, especially, during the last decade. This period is caracterized by democracy restauration, the renewal of regionalization process and the reactivation of social conflicts.
16
artículo
Since the nineties of the last century Latin America is experiencing a cycle of democratic constituent processes that is usually known in the doctrine as new constitutionalism. Decades after its approval, it is necessary to analyze critically the effects of the new constitutionalism, which wanted to improve the social situation, democratize politics and transform the State. The article raises four questions: 1. Have the Constitutions served to improve the welfare conditions of citizens? 2. Has it been possible to limit the power of the constituted organs? 3. Has inequality and poverty decreased? 4. Has the civil rights situation improved? If we are able to respond affirmatively to the previous questions, we could speak of popular constitutionalism; otherwise, we could only speak of populist constitutionalism.
17
artículo
Since the nineties of the last century Latin America is experiencing a cycle of democratic constituent processes that is usually known in the doctrine as new constitutionalism. Decades after its approval, it is necessary to analyze critically the effects of the new constitutionalism, which wanted to improve the social situation, democratize politics and transform the State. The article raises four questions: 1. Have the Constitutions served to improve the welfare conditions of citizens? 2. Has it been possible to limit the power of the constituted organs? 3. Has inequality and poverty decreased? 4. Has the civil rights situation improved? If we are able to respond affirmatively to the previous questions, we could speak of popular constitutionalism; otherwise, we could only speak of populist constitutionalism.
18
artículo
Publicado 2021
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Peru is now in the middle of a constitutional crisis that must be resolved through a constitutional process of reforms or amendments to the political regime, the use of natural resources, and the distribution of power among the different government agencies throughout our territory. This crisis has been caused by the continuous confrontation between the President and the Congress since 2016. Such clash has been aggravated by the judgments rendered by the Constitutional Court which ratified as constitutional the arbitrary the “factual denial” to the non-vote of confidence that led to the dissolution of Congress. The current Administration is attempting to leverage upon this precedent to impose a Marxist-Leninist socialist regime to replace the republican system that has been in place for 200 years.
19
artículo
Publicado 2021
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Peru is now in the middle of a constitutional crisis that must be resolved through a constitutional process of reforms or amendments to the political regime, the use of natural resources, and the distribution of power among the different government agencies throughout our territory. This crisis has been caused by the continuous confrontation between the President and the Congress since 2016. Such clash has been aggravated by the judgments rendered by the Constitutional Court which ratified as constitutional the arbitrary the “factual denial” to the non-vote of confidence that led to the dissolution of Congress. The current Administration is attempting to leverage upon this precedent to impose a Marxist-Leninist socialist regime to replace the republican system that has been in place for 200 years.
20
artículo
Publicado 2025
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This article analyzes the concept of Limits on the Power to Amend the Constitution in light of the concept of Democratic Legitimacy, proposing an alternative constitutional design from a realistic and critical perspective. The first concept is examined through a classification of each of the existing limits, as well as the general concept. The concept of democratic legitimacy is analyzed from the conceptual historyperspective on the development of the concept of legitimacy, concluding that legitimacy is guaranteed by the consensus of the people. The article suggests viewing Constitutions as political texts negotiated among human beings and therefore subject to any criticism and change, rather than the analysis that mythicizes both the primary Constituent Power and the Constitution itself, which runs counter todemocratic legitimacy.
