Pub Date : 2021-04-12DOI: 10.17981/JURIDCUC.17.1.2021.21
Yamal elias Leal esper
The constitutional state, for several years has called for a new theory of law, which is separated from the traditional scheme of theoretical positivism, based on subsuntion as a method of interpretation to solve the different legal problems affecting society; This theory is called “Neoconstitutionalism”, a concept that explains a recent phenomenon within the contemporary Constitutional State that presents a new interpretative attitude of law based on the ideas of supremacy of the constitutional text, its binding strength and judicial guarantee. In this order of ideas, the general objective of this article of reflection is to analyze whether in Colombia the right to the light of neoconstitutional postulates is interpreted and influenced in the practice of law. To achieve this objective, a qualitative methodology with a documentary approach was used, carrying out a bibliographic review where various contemporary traffickers have studied the neoconstitutional influence on the Colombian legal system, based on the role that judges play in exercising the exercise of interpreting the right at the time of resolving so-called difficult cases. Finally, the answer to the general objective is given in three major subtitles: the first is a theoretical approach to the term neoconstitutionalism as a legal theory; the second is the presentation of its most important postulates, and the third makes it possible to appreciate whether in Colombia the interpretation of the law is carried out in the light of neoconstitutional principles, and then to make a discussion on the subject, and the conclusions of the investigation.
{"title":"La interpretación del derecho en Colombia a la luz de los postulados neoconstitucionalistas","authors":"Yamal elias Leal esper","doi":"10.17981/JURIDCUC.17.1.2021.21","DOIUrl":"https://doi.org/10.17981/JURIDCUC.17.1.2021.21","url":null,"abstract":"The constitutional state, for several years has called for a new theory of law, which is separated from the traditional scheme of theoretical positivism, based on subsuntion as a method of interpretation to solve the different legal problems affecting society; This theory is called “Neoconstitutionalism”, a concept that explains a recent phenomenon within the contemporary Constitutional State that presents a new interpretative attitude of law based on the ideas of supremacy of the constitutional text, its binding strength and judicial guarantee. In this order of ideas, the general objective of this article of reflection is to analyze whether in Colombia the right to the light of neoconstitutional postulates is interpreted and influenced in the practice of law. To achieve this objective, a qualitative methodology with a documentary approach was used, carrying out a bibliographic review where various contemporary traffickers have studied the neoconstitutional influence on the Colombian legal system, based on the role that judges play in exercising the exercise of interpreting the right at the time of resolving so-called difficult cases. Finally, the answer to the general objective is given in three major subtitles: the first is a theoretical approach to the term neoconstitutionalism as a legal theory; the second is the presentation of its most important postulates, and the third makes it possible to appreciate whether in Colombia the interpretation of the law is carried out in the light of neoconstitutional principles, and then to make a discussion on the subject, and the conclusions of the investigation.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"17 1","pages":"613–628-613–628"},"PeriodicalIF":0.6,"publicationDate":"2021-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45553894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-12DOI: 10.17981/JURIDCUC.17.1.2021.18
Rodrigo Cetina Presuel
This work studies the rules for freedom of expression in social networks to identify two contradicting trends. A judicial trend inside the European Union (EU) that seeks to apply local freedom of expression rules globally to better protect the rights of those who suffer infringements online. A second, contradicting trend, also within the EU, of adopting laws that delegate the enforcement of online freedom of expression to social media platforms. This reveals that social networks seek to accelerate this trend through the adoption of private schemes to solve controversies related to content moderation in an attempt to legitimize their private rules and show that they are enough to guarantee fundamental rights online and thus, fend off future governmental initiatives to impose stricter regulations on them. In terms of methodology, the work analyzes examples from the Court of Justice of the European Union, from EU legislative initiatives and from the so-called Facebook Oversight Board. The goal is to analyze those trends to highlight their negative consequences. The main contribution of this work is to show that these trends only benefit social media platforms in the sense that they allow the platforms to strengthen their position as private regulators of online freedom of expression through their own unilaterally adopted rules and for the benefit of their business model. As we argue in our conclusions, this has a negative impact on freedom of expression, which finds itself subject to these standardized rules and to a false universalization of this right.
{"title":"Un estira y afloja: La definición de las reglas para la libre expresión en las plataformas de redes sociales","authors":"Rodrigo Cetina Presuel","doi":"10.17981/JURIDCUC.17.1.2021.18","DOIUrl":"https://doi.org/10.17981/JURIDCUC.17.1.2021.18","url":null,"abstract":"This work studies the rules for freedom of expression in social networks to identify two contradicting trends. A judicial trend inside the European Union (EU) that seeks to apply local freedom of expression rules globally to better protect the rights of those who suffer infringements online. A second, contradicting trend, also within the EU, of adopting laws that delegate the enforcement of online freedom of expression to social media platforms. This reveals that social networks seek to accelerate this trend through the adoption of private schemes to solve controversies related to content moderation in an attempt to legitimize their private rules and show that they are enough to guarantee fundamental rights online and thus, fend off future governmental initiatives to impose stricter regulations on them. In terms of methodology, the work analyzes examples from the Court of Justice of the European Union, from EU legislative initiatives and from the so-called Facebook Oversight Board. The goal is to analyze those trends to highlight their negative consequences. The main contribution of this work is to show that these trends only benefit social media platforms in the sense that they allow the platforms to strengthen their position as private regulators of online freedom of expression through their own unilaterally adopted rules and for the benefit of their business model. As we argue in our conclusions, this has a negative impact on freedom of expression, which finds itself subject to these standardized rules and to a false universalization of this right.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"17 1","pages":"499–556-499–556"},"PeriodicalIF":0.6,"publicationDate":"2021-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41685335","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-24DOI: 10.17981/JURIDCUC.17.1.2021.16
A. Anisimov, A. Ryzhenkov
The article proves that violations of the human right to drinking water that is safe for health occur not only in countries of the “Third World” but also in economically prosperous countries, including the USA, which is clearly shown by the case of Flint, Michigan. The purpose of the study is to prove that this problem is complex and should be addressed in the context of a number of economic, political and social factors. Such research methods as comparative legal analysis, synthesis, analysis, formal-logical and other methods of scientific research have been employed within the study conducted. The article presents the results of a review of the quality of drinking water supply in the city of flint, which showed that the best way to prevent such environmental crises is to address the issues of poverty, which causes drug addiction, unemployment, and a high level of violent crime caused by the economic downturn in the corresponding area (region). The authors prove that similar problems exist in Russia, where a number of small depressive cities and villages have similar problems. The final conclusion of the authors is that both in Russia and in the United States, providing the population with quality drinking water is impossible outside the context of solving economic and social issues, and one of the tools that allow us to get closer to solving these problems is the achievement of the Sustainable Development Goals (SDGS) proposed in 2015 by the United Nations.
{"title":"The “Flint Michigan Case” and Its Significance for the Environmental Legal Doctrine and Legislation of the USA and Russia","authors":"A. Anisimov, A. Ryzhenkov","doi":"10.17981/JURIDCUC.17.1.2021.16","DOIUrl":"https://doi.org/10.17981/JURIDCUC.17.1.2021.16","url":null,"abstract":"The article proves that violations of the human right to drinking water that is safe for health occur not only in countries of the “Third World” but also in economically prosperous countries, including the USA, which is clearly shown by the case of Flint, Michigan. The purpose of the study is to prove that this problem is complex and should be addressed in the context of a number of economic, political and social factors. Such research methods as comparative legal analysis, synthesis, analysis, formal-logical and other methods of scientific research have been employed within the study conducted. The article presents the results of a review of the quality of drinking water supply in the city of flint, which showed that the best way to prevent such environmental crises is to address the issues of poverty, which causes drug addiction, unemployment, and a high level of violent crime caused by the economic downturn in the corresponding area (region). The authors prove that similar problems exist in Russia, where a number of small depressive cities and villages have similar problems. The final conclusion of the authors is that both in Russia and in the United States, providing the population with quality drinking water is impossible outside the context of solving economic and social issues, and one of the tools that allow us to get closer to solving these problems is the achievement of the Sustainable Development Goals (SDGS) proposed in 2015 by the United Nations.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"17 1","pages":"453–474-453–474"},"PeriodicalIF":0.6,"publicationDate":"2021-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45476438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-24DOI: 10.17981/JURIDCUC.17.1.2021.17
Tatiana Dulima Zabala Leal, Paola Andrea Zuluaga Ortiz
At present, Artificial Intelligence (AI) is an element that is an active part within the legal systems in various countries of the world, and in Colombia some approaches have been made for some years; The above, because the human being has always tried to create tools that make life easier for him and that perform for him those operational and procedural functions that allow him to dedicate his working time to the activities of the essence of the sciences or disciplines in those that are carried out, and it is precisely there, where technology has played a transcendental role in the creation of types of intelligence that satisfy this need while also trying to generate a service for third parties. Due to this, the central objective of this research was to describe the legal panorama of AI, with respect to the legal acts of civil, labor, commercial and administrative matters in which it is a party and can generate damages, in the Colombian context , for which a documentary research was used, and content analysis as a strategy, generating as the main finding the need to generate a regulatory framework around the responsibility of the acts or omissions of AI products, the legal status and the control of them, based on bioethical principles.
{"title":"Los retos jurídicos de la inteligencia artificial en el derecho en Colombia","authors":"Tatiana Dulima Zabala Leal, Paola Andrea Zuluaga Ortiz","doi":"10.17981/JURIDCUC.17.1.2021.17","DOIUrl":"https://doi.org/10.17981/JURIDCUC.17.1.2021.17","url":null,"abstract":"At present, Artificial Intelligence (AI) is an element that is an active part within the legal systems in various countries of the world, and in Colombia some approaches have been made for some years; The above, because the human being has always tried to create tools that make life easier for him and that perform for him those operational and procedural functions that allow him to dedicate his working time to the activities of the essence of the sciences or disciplines in those that are carried out, and it is precisely there, where technology has played a transcendental role in the creation of types of intelligence that satisfy this need while also trying to generate a service for third parties. Due to this, the central objective of this research was to describe the legal panorama of AI, with respect to the legal acts of civil, labor, commercial and administrative matters in which it is a party and can generate damages, in the Colombian context , for which a documentary research was used, and content analysis as a strategy, generating as the main finding the need to generate a regulatory framework around the responsibility of the acts or omissions of AI products, the legal status and the control of them, based on bioethical principles.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"17 1","pages":"475-498"},"PeriodicalIF":0.6,"publicationDate":"2021-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45527591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-13DOI: 10.17981/JURIDCUC.17.1.2021.15
Marcela Guerra Sanchez, Ana María Carrascal Vergel, Jean Carlos Vergara Llanos
The Colombian legal system establishes in its political letter mechanisms for citizen participation, as a legal tool that the State has established so that citizens can actively participate in decisions that affect them. That said, in Colombia, a legal debate arose from the implementation of the Popular Consultation as a mechanism to prohibit mining activity in municipalities, thus generating a tension between the central sector and territorially decentralized entities regarding the distribution of administrative powers; as well as the legal effects of the judicial decisions desired by the Constitutional Court and the Council of State, through which jurisprudential parameters have been established regarding the regulation of soil and subsoil in Colombia. Through this article, the objective is to establish the competence that municipalities have to decide popular consultation on mining and energy matters, observing the recent jurisprudential pronouncements adopted on the matter in particular. For the development of the main research, legal hermeneutics was used, applying the exegetical and systematic method for the analysis of the different components of the research. Through analysis of jurisprudential decisions, the results that define the thesis are evidenced through which it is stated that municipalities do have the power to prohibit mining activities in their territories; but this is not absolute and is exercised in harmony with the Nation.
{"title":"Consulta Popular minera y competencias de los municipios","authors":"Marcela Guerra Sanchez, Ana María Carrascal Vergel, Jean Carlos Vergara Llanos","doi":"10.17981/JURIDCUC.17.1.2021.15","DOIUrl":"https://doi.org/10.17981/JURIDCUC.17.1.2021.15","url":null,"abstract":"The Colombian legal system establishes in its political letter mechanisms for citizen participation, as a legal tool that the State has established so that citizens can actively participate in decisions that affect them. That said, in Colombia, a legal debate arose from the implementation of the Popular Consultation as a mechanism to prohibit mining activity in municipalities, thus generating a tension between the central sector and territorially decentralized entities regarding the distribution of administrative powers; as well as the legal effects of the judicial decisions desired by the Constitutional Court and the Council of State, through which jurisprudential parameters have been established regarding the regulation of soil and subsoil in Colombia. Through this article, the objective is to establish the competence that municipalities have to decide popular consultation on mining and energy matters, observing the recent jurisprudential pronouncements adopted on the matter in particular. For the development of the main research, legal hermeneutics was used, applying the exegetical and systematic method for the analysis of the different components of the research. Through analysis of jurisprudential decisions, the results that define the thesis are evidenced through which it is stated that municipalities do have the power to prohibit mining activities in their territories; but this is not absolute and is exercised in harmony with the Nation.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"17 1","pages":"427–452-427–452"},"PeriodicalIF":0.6,"publicationDate":"2021-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43751185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-09DOI: 10.17981/JURIDCUC.17.1.2021.14
Viviana Carmenza Ávila-Navarrete, R. A. Correa-López
This study aims to show the relationship between parental functioning and the risk of perpetration of attacks by adolescent children towards one or both parents. This is a quantitative-correlational investigation that had the participation of 160 parents whose children are linked in the System of Criminal Responsibility for Adolescents in the city of Bogota (Colombia)and surrounding municipalities. The validated Parental Functioning Scale was applied for relatives suffering from child-to-parent violence, the analysis of the information was carried out using the SPSS package. The findings did not show a significant correlation between the sociodemographic variables and the perpetration of violence, but between the items referred to the establishment of limits and understanding towards the children. The need to delve into this phenomenon is stressed in order to formulate contextual actions for the protection, care and formation of the family in Colombia.
{"title":"Violencia de hijos a padres. Factores que aumentan el riesgo de exposición y la responsabilidad penal","authors":"Viviana Carmenza Ávila-Navarrete, R. A. Correa-López","doi":"10.17981/JURIDCUC.17.1.2021.14","DOIUrl":"https://doi.org/10.17981/JURIDCUC.17.1.2021.14","url":null,"abstract":"This study aims to show the relationship between parental functioning and the risk of perpetration of attacks by adolescent children towards one or both parents. This is a quantitative-correlational investigation that had the participation of 160 parents whose children are linked in the System of Criminal Responsibility for Adolescents in the city of Bogota (Colombia)and surrounding municipalities. The validated Parental Functioning Scale was applied for relatives suffering from child-to-parent violence, the analysis of the information was carried out using the SPSS package. The findings did not show a significant correlation between the sociodemographic variables and the perpetration of violence, but between the items referred to the establishment of limits and understanding towards the children. The need to delve into this phenomenon is stressed in order to formulate contextual actions for the protection, care and formation of the family in Colombia.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"17 1","pages":"405–426-405–426"},"PeriodicalIF":0.6,"publicationDate":"2021-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45200482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-04DOI: 10.17981/JURIDCUC.17.1.2021.13
María Cristina Alé
In contexts of epidemics/pandemics, health is a fundamental right and is understood as a core right that functions as an articulating axis from and towards which the actions of government bodies, primarily, and of other public and private actors, secondarily, are directed. The power of the State to legitimately invoke the protection of collective health as a ground for restricting certain rights and freedoms will inevitably produce a conflict in the exercise of other fundamental rights. In the light of this scenario, the aim of this paper is to analyze these collision dynamics. For this purpose, a bibliographic review of national and international sources, an exhaustive and articulated analysis and identification of the applicable international regulations, the scope of the relevant legal principles and the minimum non-derogable contents of the essential rights and freedoms was carried out that may be in dispute due to the preponderance of some over others, using the documentary method and a qualitative approach as a basis. The conclusion is that in the development of an epidemic/pandemic, the greater the threat to collective health and other closely related rights, the greater the role of the state in fulfilling its obligations as manifested in its political decisions and public policies. The state —as guarantor and servant of the respect and realization of fundamental rights and freedoms— should harmonize those which are in conflict along with a short, medium and long-term view and always guided by the principle of proportionality, in accordance with constitutional and conventional limits.
{"title":"Colisión de derechos en pandemia. Derecho a la salud y límites a la acción estatal","authors":"María Cristina Alé","doi":"10.17981/JURIDCUC.17.1.2021.13","DOIUrl":"https://doi.org/10.17981/JURIDCUC.17.1.2021.13","url":null,"abstract":"In contexts of epidemics/pandemics, health is a fundamental right and is understood as a core right that functions as an articulating axis from and towards which the actions of government bodies, primarily, and of other public and private actors, secondarily, are directed. The power of the State to legitimately invoke the protection of collective health as a ground for restricting certain rights and freedoms will inevitably produce a conflict in the exercise of other fundamental rights. In the light of this scenario, the aim of this paper is to analyze these collision dynamics. For this purpose, a bibliographic review of national and international sources, an exhaustive and articulated analysis and identification of the applicable international regulations, the scope of the relevant legal principles and the minimum non-derogable contents of the essential rights and freedoms was carried out that may be in dispute due to the preponderance of some over others, using the documentary method and a qualitative approach as a basis. The conclusion is that in the development of an epidemic/pandemic, the greater the threat to collective health and other closely related rights, the greater the role of the state in fulfilling its obligations as manifested in its political decisions and public policies. The state —as guarantor and servant of the respect and realization of fundamental rights and freedoms— should harmonize those which are in conflict along with a short, medium and long-term view and always guided by the principle of proportionality, in accordance with constitutional and conventional limits.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"17 1","pages":"367–404-367–404"},"PeriodicalIF":0.6,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46178840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-03DOI: 10.17981/JURIDCUC.17.1.2021.12
Clara Sarasol Barres, Francisca Ramón Fernández
In this paper the main legal and ethical problems presented by surrogacy in Spanish Law will be analyzed. The main objective is to be able to reasonably assess what would be the best solution for surrogacy, whether to regulate or prohibit it, followed by an ethical study on the consequences of this practice on the rights of the surrogate woman and the baby born. The methodology used will start from its concept and terminology, as well as the analysis of the main applicable Spanish legislation, to obtain valid conclusions. The Spanish legal system, despite not allowing surrogacy, gives rise to some legislative uncertainty, by leaving loopholes through which the prohibition is overcome. However, only those with high purchasing power will be able to access and will do so at the expense of other people with worse living conditions.
{"title":"La Gestación Subrogada: Aspectos Éticos y Jurídicos en el Derecho Español","authors":"Clara Sarasol Barres, Francisca Ramón Fernández","doi":"10.17981/JURIDCUC.17.1.2021.12","DOIUrl":"https://doi.org/10.17981/JURIDCUC.17.1.2021.12","url":null,"abstract":"In this paper the main legal and ethical problems presented by surrogacy in Spanish Law will be analyzed. The main objective is to be able to reasonably assess what would be the best solution for surrogacy, whether to regulate or prohibit it, followed by an ethical study on the consequences of this practice on the rights of the surrogate woman and the baby born. The methodology used will start from its concept and terminology, as well as the analysis of the main applicable Spanish legislation, to obtain valid conclusions. The Spanish legal system, despite not allowing surrogacy, gives rise to some legislative uncertainty, by leaving loopholes through which the prohibition is overcome. However, only those with high purchasing power will be able to access and will do so at the expense of other people with worse living conditions.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"17 1","pages":"323–366-323–366"},"PeriodicalIF":0.6,"publicationDate":"2021-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48403534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-19DOI: 10.17981/JURIDCUC.17.1.2021.11
L. Laise, Gustavo Manzo-Ugas
This research aims at examining the evolution of the concept of sovereignty within Latin American constitutional tradition. For to do that we will exam the main three influences or theoretical backgrounds of the concept of sovereignty in Latin America; that is, Bodine, Hobbes and Grotius. Later, by a method that will combine dogmatics, political and legal theory, we will exam the role of our concept on the aspiration of deepen participative democracy as that was grafted on the latest constitutional movement in the region. One of the main outcomes of this article will argue that Latin American constitutionalism lies on a concept of popular sovereignty that intends to move from representative democracy to a participative one. However, the lack of sound institutions for enhancing an actual inclusion of all voices within democratic debate, among a thin redesign on organization of the state power, would had significantly diluted the democratic aspirations of constitutionalism in Latin American region.
{"title":"‘Nosotros, el pueblo’: apuntes sobre la evolución del concepto de soberanía en el constitucionalismo iberoamericano","authors":"L. Laise, Gustavo Manzo-Ugas","doi":"10.17981/JURIDCUC.17.1.2021.11","DOIUrl":"https://doi.org/10.17981/JURIDCUC.17.1.2021.11","url":null,"abstract":"This research aims at examining the evolution of the concept of sovereignty within Latin American constitutional tradition. For to do that we will exam the main three influences or theoretical backgrounds of the concept of sovereignty in Latin America; that is, Bodine, Hobbes and Grotius. Later, by a method that will combine dogmatics, political and legal theory, we will exam the role of our concept on the aspiration of deepen participative democracy as that was grafted on the latest constitutional movement in the region. One of the main outcomes of this article will argue that Latin American constitutionalism lies on a concept of popular sovereignty that intends to move from representative democracy to a participative one. However, the lack of sound institutions for enhancing an actual inclusion of all voices within democratic debate, among a thin redesign on organization of the state power, would had significantly diluted the democratic aspirations of constitutionalism in Latin American region.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"17 1","pages":"299–322-299–322"},"PeriodicalIF":0.6,"publicationDate":"2021-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41553095","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-13DOI: 10.17981/JURIDCUC.17.1.2021.09
A. Gurinovich, N. I. Petrykina
This article studies the specific development of public service and the possible application of foreign experience in Russia and other countries. The article aims at conducting a comparative analysis of development patterns typical of the institution of public service in the world and determining their general and distinctive features that should be considered when identifying the objectives of reforming the institution of public service in Russia. Results. The article considers development patterns typical of the institution of public service in foreign countries. The main stages of reforming public service have been examined and analyzed, as well as general and distinctive features of this process have been determined. Conclusions. While defining the main objectives of reforming the Russian institution of public service, it is necessary to consider the positive experience of foreign countries. In particular, attention should be paid to the changes at each stage of reforming, namely: the legal support of public service, the organizational structure of public service, personnel policy, the provision of public services to citizens by state employees, and the development of information society. The prospects for further research are to study the specific development of the institution of public service in developed economies. An in-depth comparative analysis of improving such an institution will enable to use the best foreign achievements in reforming the Russian institution of public service.
{"title":"Specifics of developing the Institution of Public Service: International Experience and its application in Russia","authors":"A. Gurinovich, N. I. Petrykina","doi":"10.17981/JURIDCUC.17.1.2021.09","DOIUrl":"https://doi.org/10.17981/JURIDCUC.17.1.2021.09","url":null,"abstract":"This article studies the specific development of public service and the possible application of foreign experience in Russia and other countries. The article aims at conducting a comparative analysis of development patterns typical of the institution of public service in the world and determining their general and distinctive features that should be considered when identifying the objectives of reforming the institution of public service in Russia. Results. The article considers development patterns typical of the institution of public service in foreign countries. The main stages of reforming public service have been examined and analyzed, as well as general and distinctive features of this process have been determined. Conclusions. While defining the main objectives of reforming the Russian institution of public service, it is necessary to consider the positive experience of foreign countries. In particular, attention should be paid to the changes at each stage of reforming, namely: the legal support of public service, the organizational structure of public service, personnel policy, the provision of public services to citizens by state employees, and the development of information society. The prospects for further research are to study the specific development of the institution of public service in developed economies. An in-depth comparative analysis of improving such an institution will enable to use the best foreign achievements in reforming the Russian institution of public service.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"17 1","pages":"253–276-253–276"},"PeriodicalIF":0.6,"publicationDate":"2021-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45202598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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