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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 2011
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Modern democracy requires the power influencing the constitution of the political society be controlled democratically and help the system to be perpetuated with due guarantees of its citizens’ freedoms. With the development of communications technology, radio and television, which use bandwidth that is a natural resource belonging to the state, has acquired a relevant role in political life. People and parties that nominally have rights to participate in public elections and public service, may be blocked from establishing such a relationship with the electorate. Their message may be distorted by those running the programmes or owning the broadcasting concessions. Modern democracy must find remedies to avoid this from happening. Otherwise people’s right to choose is undermined and media owners become like goalkeepers of the democratic system, able to reserve rights of admission to t...
3
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.
4
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.
5
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.
6
artículo
Publicado 2021
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The essence of the democratic system. requires Parliament to sufficiently important to exercise a real counterweight to the executive organ of the Government; Itis a political power which finds its immediate and direct origin and its limitation in the Constitution; this power function we would say, of greater importance because the Parliament, in the modern state is the supreme organ of the State whose conformation expression of the will of the nation is assumed and exercised control function as immediate president and representative. The legislative branch is the supreme organ of the State, collegiate, pluralist, that is, that the people in it have different ideologies or belong to different political parties, whose essential functions are linked to the political control of the state, the development of law and the obligation to preserve the life of the state, taking care of the imp...
7
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.
8
artículo
Social dialogue is an essential component of democracy and therefore the importance of the link between freedom and pluralism of information on the one hand and the autonomy of the Judiciary on the other: both at the service of a productive social dialogue of democratic participation in procedural issues must be analyzed. The right to information is the right to understand, not only under the traditional liberal viewpoint but under the perspective rooted in the Constitution, that is, the right to information is an instrument to ensure participation of citizens in the management of public interest, a right that is designed to guarantee the protection of individuals in the face of power
9
artículo
Social dialogue is an essential component of democracy and therefore the importance of the link between freedom and pluralism of information on the one hand and the autonomy of the Judiciary on the other: both at the service of a productive social dialogue of democratic participation in procedural issues must be analyzed. The right to information is the right to understand, not only under the traditional liberal viewpoint but under the perspective rooted in the Constitution, that is, the right to information is an instrument to ensure participation of citizens in the management of public interest, a right that is designed to guarantee the protection of individuals in the face of power
10
artículo
Publicado 2021
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Today should be remembered that the quality of a republic, society and politics that support is in the division of powers. So figure in our past constitutions, and in the currentThe republic and democracy do not refer only to a form of the state that sovereignty belongs to all and the division of powers is recognized in the Supreme Charter. It is also a way of governing, and assumes that the rulers at national level, legislators, political parties, authorities of any kind, but also the citizens and organizations they form, are guided primarily by the collective good and not by self-interest.Democracy accepts private interests and goals of individuals and groups, but making them see that there is also a common good that precautionary and that those same private goals would not be achieved outside possibility of living together. Aristotle's exercise of power condemns the confusion between ...
11
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.
12
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.
13
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...
14
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...
15
artículo
Publicado 2015
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An approach of corrective roles of judges within the constitutional interpretation demands a number of parameters that must necessarily be made compatible with the principles, values and guidelines pursuant to contemporary legal systems. This study covers the dimensions of these corrective roles in the attempt to set reference lines on the delicate task of the constitutional judges in the defense of the effective exercise of the fundamental rights and the regulations’ primacy of the Constitution. Finally, this study investigates if there is a jurisdictional government and to what extent the neoconstitutionalism turns out to be a relevant matter in the interpretation of the Constitution.
16
artículo
Publicado 2015
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In many countries, citizens have the power to propose new laws oramendments to their constitutions by popular initiatives. Provided that they have a special legitimacy, they are often regulated by different procedures to the legislation enacted by the legislature and may be used by their proponents to avoid the restrictions that the “ordinary” legislation is subject to. Recently, this has led that several popular initiatives which have come into conflict with the rights of minorities, fundamental rights of other affected groups, and other constitutional guarantees have been submitted. From the perspective of a comparative analysis, this article explores whether the laws in Switzerland and California set the procedural and substantive restrictions to this mechanism of direct democracy and to what extent. In this context, the author questionswhether the scope and enjoyment of f...
17
artículo
Publicado 2015
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In many countries, citizens have the power to propose new laws oramendments to their constitutions by popular initiatives. Provided that they have a special legitimacy, they are often regulated by different procedures to the legislation enacted by the legislature and may be used by their proponents to avoid the restrictions that the “ordinary” legislation is subject to. Recently, this has led that several popular initiatives which have come into conflict with the rights of minorities, fundamental rights of other affected groups, and other constitutional guarantees have been submitted. From the perspective of a comparative analysis, this article explores whether the laws in Switzerland and California set the procedural and substantive restrictions to this mechanism of direct democracy and to what extent. In this context, the author questionswhether the scope and enjoyment of f...
18
tesis de grado
Publicado 2022
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Esta tesis ofrece un estudio acerca del sistema de elección de magistrados del Tribunal Constitucional peruano. Para ello se inicia reflexionando sobre el papel que tuvieron los jueces con el liberalismo constitucional del siglo XVIII, a partir de la separación de poderes planteada por el barón de Montesquieu y de los innovadores aportes del constitucionalismo estadounidense, posteriormente se comenta sobre el cambio de paradigma que supuso la creación de Tribunales Constitucionales y el empoderamiento del magistrado constitucional en el siglo XX, así como también sobre las dificultades teóricas resultantes. En la segunda parte, se examina la legislación comparada para dilucidar como distintos países han adecuado sus respectivos sistemas de elección para garantizar la integridad e independencia en sus magistrados. En la tercera parte, se describe la fuente normativa aplicable a...
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 2024
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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...
