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democratic constitutional » democratico constitucional (Expander búsqueda), democratic constitutionalism (Expander búsqueda), democracia constitucional (Expander búsqueda)
1
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.
2
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 ...
3
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 ...
4
artículo
Publicado 2015
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The Inter-American Democratic Charter (IDC) was adopted in 2001 by member states of the Organization of American States (OAS) as a renewed instrument for the defense of democracy, not only against traditional coup d´etat but also to face serious violations to horizontal accountability. The second assumption took into consideration, as a precedent, the political situation in Peru during Alberto Fujimori's administration (1995-2000), defined as a competitive authoritarian regime by Political Science and Constitutional Law scholars. However, during the last decade to the presentwe find in Latin America several countries with governments where the principle of checks and balances has been eroded as a result of measures adopted by their respective executive branch. This situation suggests the following concerns: The liberal democratic model of the IDC is in cris...
5
artículo
Publicado 2015
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The Inter-American Democratic Charter (IDC) was adopted in 2001 by member states of the Organization of American States (OAS) as a renewed instrument for the defense of democracy, not only against traditional coup d´etat but also to face serious violations to horizontal accountability. The second assumption took into consideration, as a precedent, the political situation in Peru during Alberto Fujimori's administration (1995-2000), defined as a competitive authoritarian regime by Political Science and Constitutional Law scholars. However, during the last decade to the presentwe find in Latin America several countries with governments where the principle of checks and balances has been eroded as a result of measures adopted by their respective executive branch. This situation suggests the following concerns: The liberal democratic model of the IDC is in cris...
6
artículo
Publicado 2015
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The Inter-American Democratic Charter (IDC) was adopted in 2001 by member states of the Organization of American States (OAS) as a renewed instrument for the defense of democracy, not only against traditional coup d´etat but also to face serious violations to horizontal accountability. The second assumption took into consideration, as a precedent, the political situation in Peru during Alberto Fujimori's administration (1995-2000), defined as a competitive authoritarian regime by Political Science and Constitutional Law scholars. However, during the last decade to the presentwe find in Latin America several countries with governments where the principle of checks and balances has been eroded as a result of measures adopted by their respective executive branch. This situation suggests the following concerns: The liberal democratic model of the IDC is in crisis? This model has been overca...
7
artículo
Publicado 2022
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Access to justice is a fundamental right in any democratic society and is an essential feature ofa Constitutional State. This right is contemplated in various international human rights legal instruments and in most constitutions of the American States and the world. However, its exercise is hindered by different social, economic, cultural and political circumstances that people suffer, the same ones that constitute conditions of vulnerability.Likewise, this right is affected or restricted by State omissions in relation to the elaboration of public policies that entail the eradication of these obstacles to its exercise. Precisely, the 100 Rules of Brasilia adopted by the representatives of the judiciary, ombudsmen's offices and other institutions of the American countries, seek to agree on governmental initiatives so that States promote and enable populations in vulnerable situations to ...
8
tesis de grado
Publicado 2017
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Es de conocimiento público que el Estado para sustentar los gastos públicos necesita contar con recuerdos económicos generados por actividades suficientemente amplias y sostenidas, en base a esta necesidad surge la Potestad Tributaria para poder crear tributos y así poder gravar manifestaciones de riqueza, esta manifestación de riqueza se puede generar de dos formas, licita o ilícitamente, y es así donde surge la problemática de la presente investigación, ¿se debe gravar o no incrementos patrimoniales de origen ilícito? Y ¿Por qué razones?. Al respecto tanto el Tribunal Constitucional como el Tribunal Fiscal se han pronunciado a favor de la tributación de ganancias ilícitas, pues así lo demuestra la STC 4382 -2007-PA/TC emitida en fecha 12 de noviembre del 2007, entre otros. Sin embargo, ¿Estos se fundan en derecho y se encuentran motivadas correctamente? ¿La tributaci...
9
artículo
Publicado 2008
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This investigation is of essentially exploratory character that it looks for to include/understand the decentralization and the expectations of the citizenship in Conchucos under the Ancash Region. Decentralization that responds to one old aspiration of the country and constitutes one of the main challenges that during both last governments the diverse political forces have assumed like one of the high-priority aspects of the reform of the State. According to the local authorities, the decentralization is means that will allow to reach like objective to share the political power democratically, economic, social and cultural between the different political forces, in each one of the social spaces of the local, regional and national scope. They consider the necessity of an arranged governability that it allows to invigorate the potentialities and thus to be able to reach a sustainable deve...
10
artículo
Publicado 2008
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This investigation is of essentially exploratory character that it looks for to include/understand the decentralization and the expectations of the citizenship in Conchucos under the Ancash Region. Decentralization that responds to one old aspiration of the country and constitutes one of the main challenges that during both last governments the diverse political forces have assumed like one of the high-priority aspects of the reform of the State. According to the local authorities, the decentralization is means that will allow to reach like objective to share the political power democratically, economic, social and cultural between the different political forces, in each one of the social spaces of the local, regional and national scope. They consider the necessity of an arranged governability that it allows to invigorate the potentialities and thus to be able to reach a sustainable deve...
