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democracia constitutional » democracia constitucional (Expander búsqueda), democratic constitutional (Expander búsqueda), democracia constitucion (Expander búsqueda)
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1
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.
2
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.
3
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.
4
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.
5
artículo
Publicado 2008
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This paper develops the elements of the constitutional thought of Pedro Planas. In that sense it establishes the concept of Constitutional Democracy, analyzes its characteristics, such as the division of powers and the supremacy of the Constitution, and develops its differences with respect to the autocracy, which according to this, is the political system. Following this same line, the basic structures of the political regimes in the Constitutional Democracy are analyzed. This is developed in two parts, in the first, the political schemes are divided according to the system of checks and balances, from this the existence of two types of regimes is concluded: the parliamentary regime and the presidential regime. In the second part, the regimes are distinguished according to the origin of the governmental power structure, in this sense, two options are established: i) of basically parliam...
6
artículo
Publicado 2008
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This paper develops the elements of the constitutional thought of Pedro Planas. In that sense it establishes the concept of Constitutional Democracy, analyzes its characteristics, such as the division of powers and the supremacy of the Constitution, and develops its differences with respect to the autocracy, which according to this, is the political system. Following this same line, the basic structures of the political regimes in the Constitutional Democracy are analyzed. This is developed in two parts, in the first, the political schemes are divided according to the system of checks and balances, from this the existence of two types of regimes is concluded: the parliamentary regime and the presidential regime. In the second part, the regimes are distinguished according to the origin of the governmental power structure, in this sense, two options are established: i) of basically parliam...
7
artículo
Publicado 2019
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The global appeal of liberal constitutional democracy—defined as a competitive multiparty system combined with governance within constitutional limits—cannot be taken for granted due to the existence of competing forms of government that appear successful along a number of practical dimensions and consequently enjoy high levels of public acceptance. Proponents of liberal constitutional democracy must be prepared to explain and defend its capacity to satisfy first-order political needs. A system of government is unlikely to command popular acceptance unless it can plausibly claim to address the problems of oppression, tribalism, and physical and economic security. Along these dimensions, the advantages of liberal constitutional democracy over the alternatives of social democracy of the type seen in Scandinavia, and bureaucratic authoritarianism of the type seen in parts of Asi...
8
artículo
Publicado 2019
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The global appeal of liberal constitutional democracy—defined as a competitive multiparty system combined with governance within constitutional limits—cannot be taken for granted due to the existence of competing forms of government that appear successful along a number of practical dimensions and consequently enjoy high levels of public acceptance. Proponents of liberal constitutional democracy must be prepared to explain and defend its capacity to satisfy first-order political needs. A system of government is unlikely to command popular acceptance unless it can plausibly claim to address the problems of oppression, tribalism, and physical and economic security. Along these dimensions, the advantages of liberal constitutional democracy over the alternatives of social democracy of the type seen in Scandinavia, and bureaucratic authoritarianism of the type seen in parts of Asi...
9
artículo
Publicado 2022
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The Constitution of the Earth is presented as a response to contemporary global challenges. Thus, it analyzes how the evolution of constitutional law in Peru since 1979 and its openness to international treaties have strengthened the country's constitutional democracy. The globalization of law has allowed constitutional principles, such as the protection of fundamental rights and the separation of powers, to become universal standards. However, these principles must be adapted to the local and cultural realities of each nation, allowing for the creation of a global legal framework that addresses issues such as extreme poverty, inequality, mass migration, and environmental sustainability. In this way, the Constitution of the Earth promotes mandatory dialogue between national and international legal systems, recognizing the importance of cooperation and coordination in the protection of hu...
10
artículo
Publicado 2015
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From the process of globalization of law, the comparative constitutional law has gained a leading role for a better understanding and solving old and new constitutional national and international challenges. Therefore, some assumptions and considerations to take into account are presented for the development of the national constitutional order within the framework of the comparative constitutional law, such as universality and relativism of human rights; the concept of power and constitutional democracy; standards of free elections and judicial independence; freedom of expression, media pluralism and access to public information; the economic,social and cultural rights; the new fundamental rights.
11
artículo
Publicado 2015
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From the process of globalization of law, the comparative constitutional law has gained a leading role for a better understanding and solving old and new constitutional national and international challenges. Therefore, some assumptions and considerations to take into account are presented for the development of the national constitutional order within the framework of the comparative constitutional law, such as universality and relativism of human rights; the concept of power and constitutional democracy; standards of free elections and judicial independence; freedom of expression, media pluralism and access to public information; the economic,social and cultural rights; the new fundamental rights.
12
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.
13
artículo
Publicado 2021
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This paper addresses a particular scenario of the classic tension between constitutionalism and democracy, one that poses the existence of material limits to the power of constitutional reform. The subject undoubtedly raises a series of perplexities around some aspects such as the legal nature of the constitutional reform power. The essay analizes the defense of implicit material limits when the constitutional text has not explicitly recognized them, the competence and legitimacy of the courts, the normative parameter in merit to which this control would be carried out, among others. In this context, this article proposes to provide an analysis of these issues based on comparative law, exposing the cases of Germany, the United States and Colombia, countries that have provided different answers to the issue of material limits in function of their own constitutional texts and systems, and ...
14
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.
15
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.
16
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.
17
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.
18
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.
19
artículo
Publicado 2014
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From the relationship between Democracy and Constitutionalism in Latin America, the author addresses the issue of constitutional justice as an entity of control of the constitutionality of the laws, which would have power against majority when it derogates an unconstitutional legislation. Also, the author reflects on the protection of fundamental rights in the region, analyzing the nuances presented in terms of the various constitutional conceptions.
20
artículo
Publicado 2014
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From the relationship between Democracy and Constitutionalism in Latin America, the author addresses the issue of constitutional justice as an entity of control of the constitutionality of the laws, which would have power against majority when it derogates an unconstitutional legislation. Also, the author reflects on the protection of fundamental rights in the region, analyzing the nuances presented in terms of the various constitutional conceptions.
