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Propiedad constitucional, a propósito de la fe pública registral
(Pontificia Universidad Católica del Perú, 2015-07-01) Mejorada Chauca, Martín
Concerning the constitutional property right, doesour current Constitution only protect the owners ordoes it also protect, for example, the usufructuaries and superficiaries? Is this related to Public Trust In Registration and the protection given to the bonafides third party acquirers?In this article, the renowned author answers these questions, considering the current constitutional economic regime and the changes made in relation to the Constitution of 1979 regarding the property right.
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La Corte de Roberts (Corte Suprema de Estados Unidos) versus el Tribunal Constitucional peruano: la libre competencia en la jurisprudencia constitucional
(Pontificia Universidad Católica del Perú, 2015-07-01) Sumar Albujar, Oscar
Within the framework of the process of constitutionalization of Law, the treatment towards antitrust regulation is being discussed on the jurisprudential level. An idea has appeared that suggests that deciding against antitrust regulationis beneficial for companies, but has a negative impact towards societyIn the present article, the author does a comparison between the Peruvian Constitutional Court jurisprudence about antitrust and the jurisprudence of the Supreme Court of the United States, demonstrating that tending towards regulation is harmful for society.The author also raises the question about the reasons for which the Supreme Court of the United States has a clear and defined criteria to decide when it is convenient to regulate antitrust, called “decision theory”, while the Peruvian Court has an erratic and unjustified criteria to decide aboutregulation of antitrust.
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Discapacidad y derechos humanos
(Pontificia Universidad Católica del Perú, 2015-07-01) Borea Rieckhof, Costanza
All persons are subjects of law, but not everyone has the “capacity” to fully exercise them. On this basis, people with disabilities have seen their opportunities for development as human beings limited.Why it that people with disabilities have been historically marginalized by the Law? In this article, the author presents a detailed analysis on the subject, including the legal paradigm change that was the adoption of the Convention on the Rights of Persons with Disabilities.
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El efecto ondulatorio de las fuentes en un Estado Constitucional de Derecho
(Pontificia Universidad Católica del Perú, 2015-07-01) Hakansson Nieto, Carlos
The sources of law, as we know them, have been designed under the concept of law of the romangerman system tradition. But, what is the role andposition of the sources of law in a Constitutional State of Law, taking into account that theConstitution has, according to the author, its originon the Common Law System? Do the sources oflaw lose their utility or have to be rethought?In this article, the author introduces a succession of sources that come from the Constitution, with the aid of jurisprudence, as an undulatory effect thatirradiates all the constitutional legal order.
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Naturaleza jurídica del consentimiento de bienes jurídico-penales: un análisis a la luz de la Constitución
(Pontificia Universidad Católica del Perú, 2015-07-01) Chang Kcomt, Romy
The Criminal Code exempts from criminal liabilityany person when they act with valid consent fromthe holder of the legal asset of free disposal. This exclusion of criminal responsibility raises multiplequestions.Which legal rights can be freely disposed? Is it that all individual legal rights are of free disposal? If that is the case, which legal basis justifies it? Does the holder’s consent means that the behavior is unlawful, or is it a non-criminal behavior?In this paper, the author answers all these questions, emphasizing that, according to the type of State we live in, the legal-criminal rights are protected to allow the self-realization of every person. Based on that, the author maintains that all criminal-legal rights are of free disposal, and that the holder’s consent is a non-criminality cause.
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Apuntes sobre la evolución de los derechos sociales, económicos y culturales en el Perú y los alcances de su judiciabilidad
(Pontificia Universidad Católica del Perú, 2015-07-01) Espinosa-Saldaña Barrera, Eloy; Cruces Burga, Alberto
Are social, economic and cultural rights really enforceable rights? Is their nature different from those of the civil and political rights? What does our Constitution state on the matter? What is the posture that national and international jurisprudence have adopted regarding the issue?In the article at hand, the authors challenge the common conception about those rights, and analyze the work done by the Peruvian Constitutional Court on the matter.
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Un vistazo al Derecho Constitucional a través del Derecho Internacional. Entrevista a Juan José Ruda Santolaria
(Pontificia Universidad Católica del Perú, 2015-07-01) Monge Morales, Gonzalo J.
What is the normative status of a treaty in Peruvian domestic law? What would happen at theinternational level if the Peruvian ConstitutionalCourt declared a treaty to be unconstitutional? How to interpret Peruvian maritime domain, asrecognized in our Constitution, after the ruling of the International Court of Justice on the maritimedifferendum with Chile?These issues don’t only concern Constitutional Law; thus, in this interview, the renowned professor provides us with, from the standpoint of International Law, answers about these and other issues, but he also illustrates us about the implications for Peru of the aforementioned Court’sruling, delivered more than a year ago.
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Los vicios de la ley
(Pontificia Universidad Católica del Perú, 2015-07-01) Carpio Marcos, Edgar
All legislative acts shall have continuity in time. However, sometimes these acts contain defects that cause their unconstitutionality and the subsequent expulsion from the legal order. The important question that arises is: When can a legislative act be declared unconstitutional? Whichare the defects that cause the expulsion of a law from the legal system?In this article, the author seeks to address these questions through a presentation of the legal defects that cause the invalidity of an act. The author pays special attention to the discussed legislative power excess defect, contrasting foreign case law with jurisprudence from the Peruvian Constitutional Court to determine if it is enough for an act to have this defect to be declared unconstitutional.
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El derecho a la protección de los datos personales. Algunos temas relevantes de su regulación en el Perú
(Pontificia Universidad Católica del Perú, 2015-07-01) Eguiguren Praeli, Francisco José
What guarantees do we have as titleholders of theright to personal data protection? Does the Political Constitution of 1993 truly protect this right in aproperly way? Which role does the relatively recentPeruvian Law on the Personal Data Protection playto that effect?In this article, the renowned constitutionalist gives answers to these questions with a brief and detailed analysis of the Peruvian Law on the Personal Data Protection and its rules of procedure, focusing in its pros and cons, but also of the Peruvian National Personal Data Protection Authority’s role and functions to that effect.
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Hacia un Estado Democrático Global: crisis y Constituciones
(Pontificia Universidad Católica del Perú, 2015-07-01) Seijas Villadangos, Esther
The economic crisis and the phenomenon of globalization have generated such a great impact on States that it has also had an effect onConstitutional Law, since the attention has beenturned towards the possibilities of constitutional reforms and the question about the role the Constitutions should play in this scenery.In this context, the author states that the crisis must be seen as an opportunity to reconfigurate the relations between the State and the citizens. She maintains that because of the crisis, paradoxes have been created and made evident, and in the solution of those paradoxes Constitutional Law and the Constitutions of each State can be of valuable help.

Núm. 67 (2015)

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