(Pontificia Universidad Católica del Perú. Fondo Editorial, 2013-11-21) Huerta Guerrero, Luis Alberto
This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2013-11-21) Ruiz de Castilla Ponce de León, Francisco J.; Robles Moreno, Carmen
The author works with the increasing constitutionalization process of Tax Law in the country as starting point; then, makes an analysis of tax concept evolution from a general tax law theory point of view. Afterwards, explains Tax Law Constitutionalization specifying main communicating vessels between Constitutional and Tax Law. Finally, highlights the most important values and goals related with taxing and constitutional control implementation by the Tax Court.
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2013-11-21) Landa Arroyo, César
Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC) – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2013-11-21) Ochoa Cardich, César
This study analyzes the guardianship role on entrepreneurial freedom fundamental rights, non- discrimination in economic and property aspects exerted by the Elimination of Bureaucratic Barriers Commission from the National Institute for the Defense of Competition and IntellectualProperty (Indecopi) developed throughout resolutions and administrative cases set up by the Defense of Competition Chamber #1. This role is particularly relevant in our legal system, due to their special functions the Elimination of Bureaucratic Barriers Commission is entitled by legal mandate to establish the non- application of rules in specific cases exercising legal control. This administrative function- initially misunderstood-has proved to be an efficient tool for the guardianship of economic rights due to our judicial system ineffectiveness in contentious administrative matters. The author considers the possibility of making a constitutional reform in order to provide specialized administrative bodies, such as INDECOPI, with the quality of “primary administrative jurisdiction” whose resolutions will only be reviewed by the State Council jurisdiction.
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2013-11-21) Zhai, Guoqiang
The author classifies constitutional control models in the world inthree groups: Constitutional Court model, judicial revision and parliamentary control. China’s model is the last one. Then, underlines, two main goals of constitutional control: human rights protection and constitutional control of the legal system. Finally, suggests a debate about which body should bein charge of the constitutional control, whether that important work shall continue under the National People’s Congress, become a non legislative body or if it shall stay in charge of China’s Superior Court.
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2013-11-21) Bustamante Alarcón, Reynaldo
This article point out the progressive enrichment by which fundamental rights concept have gone through, providing to holders—government and individuals— not only rights, liberties, powers and immunity but also the obligation to respect, defend, guarantee and promote all them regardless the conduct displayed by the holder in this field. With this in mind, the author examines arbitration definition and main characteristics, highlighting its constitutional dimension proposing a systematic reading in accordance with fundamental rights.
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2013-11-21) Chang Kcomt, Romy
This article intends to analyze treatment and functions assigned to the penalty by our Peruvian Constitution and the way this legal institution is conducted at the prescribed basic penalty level (imposed by the legislator ineach type of criminal offence), the specific penalty level (imposed by the judge according to its individual characteristics in each case) and at the penitentiary enforcement level. Finally recommends some considerations for carrying out a possible legislative reform in accordance with a criminal policy plan within our constitutional framework.
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2013-11-21) Morales Hervias, Rómulo
This essay examines protection duties arising under a contract. Its doctrinal and comparative case-law development is very broad. In Peru, national doctrine has studied it from case-law specific cases. The purpose ofthis study is to develop the analysis of autonomy of these duties towards main and secondary obligations arose under contracts in order to give legal bases not only from Civil Law but also from Constitutional Law perspective.