Tópicos Sugeridos dentro de su búsqueda.
Tópicos Sugeridos dentro de su búsqueda.
Buscar alternativas:
democratic institutionalism » democratic constitutionalism (Expander búsqueda), democratic institutionality (Expander búsqueda), democratic institutions (Expander búsqueda)
democracia constitucional » provincia constitucional (Expander búsqueda), reforma constitucional (Expander búsqueda)
democratic institutionalism » democratic constitutionalism (Expander búsqueda), democratic institutionality (Expander búsqueda), democratic institutions (Expander búsqueda)
democracia constitucional » provincia constitucional (Expander búsqueda), reforma constitucional (Expander búsqueda)
1
artículo
Publicado 2015
Enlace
Enlace
What role does the media fulfill in the current stage of Latin American democracy? In all cases, is the possibility of regulating the media incompatiblewith the freedom of speech and enterprise of thepeople who own it?In this article, the renowned author shows his point of view regarding these questions, as well as offering a critique related to how the relationship between the media and democracy has been developing in our society. Lastly, he presents a proposal of media regulation in order to make democracy viable, but without compromising constitutional freedoms.
2
artículo
Publicado 2015
Enlace
Enlace
What role does the media fulfill in the current stage of Latin American democracy? In all cases, is the possibility of regulating the media incompatiblewith the freedom of speech and enterprise of thepeople who own it?In this article, the renowned author shows his point of view regarding these questions, as well as offering a critique related to how the relationship between the media and democracy has been developing in our society. Lastly, he presents a proposal of media regulation in order to make democracy viable, but without compromising constitutional freedoms.
3
artículo
Publicado 2018
Enlace
Enlace
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.
4
artículo
Publicado 2025
Enlace
Enlace
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.
5
artículo
Publicado 2025
Enlace
Enlace
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.
6
artículo
Publicado 2016
Enlace
Enlace
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.
7
artículo
Publicado 2016
Enlace
Enlace
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.
8
artículo
Publicado 2016
Enlace
Enlace
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 2021
Enlace
Enlace
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.
10
artículo
Publicado 2021
Enlace
Enlace
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.
11
artículo
Publicado 2013
Enlace
Enlace
Political science literature has focused itself mostly on the «pro-democracy» role of political parties, identifying them as essential instruments for representation. We agree, but we believe this is not the only aspect to focus on. Democratic parties do not only achieve power through regular elections, but they also aspire to rule within a democratic regime. In that sense, the functioning of political parties can be analyzed not only in terms of their contribution to electoral competition. In order to fulfill their democratic functions, parties need a strong constitutional order that allows them to provide two goods: the achievement of power through legalways and good governance within the Rule of Law.
12
artículo
Publicado 2013
Enlace
Enlace
Political science literature has focused itself mostly on the «pro-democracy» role of political parties, identifying them as essential instruments for representation. We agree, but we believe this is not the only aspect to focus on. Democratic parties do not only achieve power through regular elections, but they also aspire to rule within a democratic regime. In that sense, the functioning of political parties can be analyzed not only in terms of their contribution to electoral competition. In order to fulfill their democratic functions, parties need a strong constitutional order that allows them to provide two goods: the achievement of power through legalways and good governance within the Rule of Law.
13
artículo
Publicado 2013
Enlace
Enlace
Political science literature has focused itself mostly on the «pro-democracy» role of political parties, identifying them as essential instruments for representation. We agree, but we believe this is not the only aspect to focus on. Democratic parties do not only achieve power through regular elections, but they also aspire to rule within a democratic regime. In that sense, the functioning of political parties can be analyzed not only in terms of their contribution to electoral competition. In order to fulfill their democratic functions, parties need a strong constitutional order that allows them to provide two goods: the achievement of power through legalways and good governance within the Rule of Law.
14
artículo
Publicado 2024
Enlace
Enlace
Democracy has as its fundamental pillars, among other nuclear assumptions, the freedom of expression and the rights of political participation, principles that enable the circulation and peaceful competition of ideas and the assumption of governmental power in the State. However, due to their broad contents, these are susceptible to collision with other goods of constitutional scope (principles, values and rights); the ramifications of the unrestricted use of these rights have been of such depth in some States since the 30s of the last century, that a series of constitutional and legal measures were arranged to fight and reduce the reproduction of errors or historical affections. We will call the democracies that adopted this profile of custodian prophylactic democracies, modalities of democratic organization that certain States instituted to protect themselves from devices that could ca...
15
artículo
Publicado 2024
Enlace
Enlace
Democracy has as its fundamental pillars, among other nuclear assumptions, the freedom of expression and the rights of political participation, principles that enable the circulation and peaceful competition of ideas and the assumption of governmental power in the State. However, due to their broad contents, these are susceptible to collision with other goods of constitutional scope (principles, values and rights); the ramifications of the unrestricted use of these rights have been of such depth in some States since the 30s of the last century, that a series of constitutional and legal measures were arranged to fight and reduce the reproduction of errors or historical affections. We will call the democracies that adopted this profile of custodian prophylactic democracies, modalities of democratic organization that certain States instituted to protect themselves from devices that could ca...
16
tesis de maestría
Publicado 2024
Enlace
Enlace
La actual investigación se centró en demostrar que en el Estado Constitucional la interpretación de la causal de “incapacidad moral permanente” por parte del Legislativo, aplicado sin los parámetros, alcances ni límites objetivos, vulnera el principio de legalidad y orden Constitucional. Así mismo los resultados arrojaron que la causal de permanente incapacidad moral no cumple con todos los elementos del principio de legalidad, específicamente con los principios de ley cierta y ley estricta, lo que genera que no se encuentre dentro de los parámetros de un Estado Constitucional de Derecho en consecuencia puede ser utilizada arbitrariamente y con fines inconstitucionales, como ya se ha mostrado en nuestra realidad política. Por tanto, se concluyó que, en los últimos gobiernos en el Perú se ha incrementado el uso de esta causal de incapacidad moral permanente para destituir ...
17
artículo
Publicado 2023
Enlace
Enlace
This article aims to demonstrate that, in Mexico, the phenomenon of violence has surpassed the highest authorities and institutions in charge of the system of justice for the benefit of society, a situation that has allowed also, that there is an inability on the part of the latter, in order to guarantee the security and the protection of the human rights of the citizenry to enforce the objectives of the Democratic State and of Law. In Mexico, the increase in violence, sadly, has not diminished but, on the contrary, has increased year after year, so that its impact is severely negative in terms of the development of Mexican society. That said, the phenomenon of systemic violence in the country is not only due to widely organized criminal groups, but is largely generated by the exercise of power to develop normative mechanisms for the protection of human rights, which do not protect them ...
18
artículo
Publicado 2019
Enlace
Enlace
We are finishing the first decade of the new millennium, which has brought with it structural changes in the world and in Peru. Our country faced the need to re-take the road towards democracy, in a transition which started with the late President Paniagua Corazao and which has posed a succession in power of two democratically elected presidents. This road which by no means is free from great challenges and difficulties has been illuminated by a norm of indispensable and unquestionable democratizing value, the Law of Transparency and Access to Public Information, which has at is heart the aim of printing in Peruvian society a new relationship process between the citizen and the State, guided by the principle of publicity of public acts and in this way the result from the work done by the civil society, the media, the Constitutional Tribunal and the Ombudsman’s Office; among other insti...
19
tesis de grado
Publicado 2022
Enlace
Enlace
Este trabajo describe la concentración mediática de los medios de comunicación masiva en el Perú especialmente en la prensa escrita, así como los esfuerzos que se deben hacer apelando a la jurisprudencia, para la elaboración de un cuerpo legal que contribuya a corregir la situación. Desde el año 2013 con un 80% de la prensa escrita bajo el control del grupo El Comercio, nuestro país muestra la mayor concentración de medios masivos entre las naciones de la región, menoscabando la diversidad informativa uno de los fundamentos de la democracia. El trabajo plantea por ello a los poderes públicos, organizar un cuerpo legal para impedir que tanto los privados como el Estado, puedan concentrar el poder mediático que afecta el pluralismo informativo y consecuentemente la democracia. Frente al deterioro de los contenidos y a la ausencia de contrastes en la información y comentarios,...
