Revista de Derecho Público

Gender perspective as an element of multilevel constitutionalism: an analysis based on the jurisprudence of the court of justice of Rio Grande do Norte

Milena De Araújo Costa — 2023-12-31

Based on multilevel feminist constitutionalism, the question arises, does the Superior Court of Justice of Rio Grande do Norte really comply with the 2021 Protocol for judging with a gender perspective? Thus, this research examines the gender perspective as an element of multilevel constitutionalism, analyzes the legislation that contributes to the implementation of the aforementioned protocol and, finally, reviews the jurisprudence of the Superior Court of Justice to assess whether it is judging with a gender perspective.

An analysis of monitored democracy from constitutional texts. A present or absent paradigm in hispanicamerican constitutionalism?

Rodrigo Cruz Apaza — 2023-12-31

Monitored democracy is a democratic paradigm rarely addressed in academic discussion forums in Latin America, a phenomenon that does not imply that its institutions are alien to the governmental and social practice of these peoples. The importance of the aforementioned model is that it constitutes a vigorous proposal to increase the mechanisms of scrutiny of the exercise of power in order to veto the formation of despotism. In view of such telos, the purpose of this paper is to make an approach that allows us
to endorse that monitored democracy is not a foreign model to the constitutional systems of this region.

Loyalty and Willpower: Strategic Designing of Judicial Appointments in Constitutional Courts. The Case of the Dominican Republic and Guatemala

Estuardo Sebastián Morales Forte — 2023-12-31

What are the implications of establishing a judicial appointment mechanism for a separate constitutional justice? We look at the cases of Guatemala and the Dominican Republic. We study the contexts, processes, and reasons of constitutional reforms in both scenarios. We conclude that constitutional assemblies choose mechanisms that represent their composition, as the theory of Brinks and Blass suggests. Moreover, we see that the length of tenure and separating the appointments in stages is something that the Dominican Republic has done better than Guatemala, but Guatemala deserves attention for achieving high independence and supremacy in a short period of its history.

In search of the (hypothetical) compatibility between the Social State and the Subsidiary State: Principles as a method of harmonization.

Matías Ramírez Nova — 2023-12-31

This article is based on the common existence of the social State and subsidiary State models, which are jointly enshrined in the preliminary constitutional draft presented
by the expert commission for the new constitution drafting process. Based on this, a dogmatic analysis of both systems is made, seeking to deepen in an interpretation that allows their coexistence beyond their tensions and incompatibilities, to then focus on the analysis of the constitutional principles, and particularly on the experience of administrative law, as a method of harmonization.

Public Security within the State of Prevention Framework: The italian experience.

Riccardo Ursi — 2023-12-31

In the constitutional order of all Western States, public security is configured in objective terms. This is framed as a public interest linked to a situation of orderly and peaceful coexistence, an essential precondition for the exercise of other fundamental rights, or as an objective interest of the State and of the legal system and, therefore, of the community. The idea of public security is configured: as a limit to the exercise of freedoms and as a task, legislative and administrative, of the public powers and of the State apparatus. The security police function consists of the administrative activity aimed at guaranteeing public order. The article analyzes the conditions for the exercise of this administrative power with reference to the Italian legal system.

Declaration of incompatible health in the Administrative Statute: Analysis in constitutional, judicial, and administrative jurisprudence

Andrés Valenzuela Concha — 2023-12-31

A review of the figures of the declaration of incompatible health and irrecoverable health of a public servant in the Administrative Statute is presented, to determine its content and differences. Subsequently, the jurisprudence of the Constitutional Court, the Supreme Court and the Office of the Comptroller General of the Republic on the declaration of incompatible health is critically analyzed.