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Ius Humani. Law Journal

iushumani
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Published by Universidad de Los Hemisferios

ISSN : 1390440X EISSN : 13907794 DOI : -

Core Subject : Humanities, Art, Social,

Arts Humanities Law, Crime, Criminology & Criminal Justice

Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies are viewed both form the philosophical perspective and the perspective of the fundamental juridical principles. Ius Humaniâ€™s purpose is the diffusion of knowledge, and the promotion of debate on different juridical perspectives.

Arjuna Subject : -

Articles 225 Documents

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La evaluación y revisión del criterio de ciudadanía y su distinción de otros conceptos similares en la legislación iraní Abbas Zera’at; Meysam Nematollahi
Ius Humani. Jornal do direito Vol 6 (2017)
Publisher : Universidad Hemisferios

Citizenship is one of the concepts discussed in most fields of humanities. Each field has studied it within a context regarding its perspective. The criterion of citizenship has been neglected in most of these studies and has received less attention. Who are the subjects of this word? This argument is necessary because words have their own effects and cases in the law; therefore, it is necessary to determine the subject before the other rights and duties are considered. Similarly, the present research is an attempt to find out what people are subject to citizenship. By considering the existing rules of the law, it can be seen that issues such as nationality and residence are older than “citizenship”. However, none of these issues can be a criterion for citizenship. Even the subject of human legal documents cannot be dealt with as a criterion of citizenship because the acceptance of each criterion has some challenges. What is certain is that being a citizen is itself a factor for citizenship and should be considered as a condition for citizenship according to its components.

Baquero De la Calle, J. (2007). El Derecho... ¿para qué? Quito: CEP Rodrigo Merino Barros
Ius Humani. Jornal do direito Vol 1 (2008)
Publisher : Universidad Hemisferios

This paper provides an overview of the work “El Derecho... ¿para qué?” of Jaime Baquero de la Calle. The overview analyzes the sources, the type of documents and examples that are used in it. Includes an explanation of the structure of the document, emphasizing the utility that provides this publication for students of law.

Riofrío, J.C. (2008). El derecho de los secretos. Bogotá: Temis Luz Helena Guamanzara Torres
Ius Humani. Jornal do direito Vol 2 (2010)
Publisher : Universidad Hemisferios

This paper provides a review of the book The Law of Secrets, of the author Juan Carlos Martínez-Villalba Riofrío studying the secrets and how law does protect. To this end, the author has analyzed the general theory of secrecy, secrets and methodology, its overall rating, essential elements and their different legal dimensions, the secret as a subjective right. It also establishes that professional secrecy is protected by constitutional principles such as the right to privacy.

La silla vacía y el dilema de la participación ciudadana en el Ecuador José Luis Castro Montero
Ius Humani. Jornal do direito Vol 4 (2014)
Publisher : Universidad Hemisferios

This article describes, explains and interprets through an empirical dataset analysis, how the constitutional mechanism “empty chair” operates. Initially, the conceptual and normative foundations for the institutional configuration of this mechanism are presented which in turn are forming the basis for the demonstration of its functioning among descentralized local governments (DLG) of Pichincha between 2010 and 2013. Based on the occupants’ voting dynamics, the performance of the empty chair within a setting of participatory democracy is evaluated. Both documentary analysis and semiestructured interviews are used to gather information. The conclusions suggest that highly dominant political parties among local governments may influence the occupants’ votes in the empty chair. In this context, most citizens will have low understanding of their political rights and little awareness of their responsibilities. The results also show that the “empty chair” does not necessarily strengthen the representation of civil society forces in local governments with dominant party majorities as well as in those governments where the “empty chair” is appointed in a closed way.

Vida y razonabilidad Luis Castillo Córdova
Ius Humani. Jornal do direito Vol 6 (2017)
Publisher : Universidad Hemisferios

This paper is intended to explain the constitutional content of fundamental right to live of the unborn human being. Particularly we want to establish if a measure referring to the unborn human live can be reasonable and therefore acceptable. We would try to answer this question through the Constitutional Case EXP. 02005-2009-PA/TC, devoted to analyze the constitutional validity of the State decision allowing the free distribution of the morning after pill. Constitutionality test correctness will be doubly justified, using the theory of conflict between fundamental rights, as well as using the opposite theory that denies that such a conflict between rights could exists.

Estudio comparado sobre transparencia y derecho de acceso en el ámbito internacional y su influencia en España Manuel Palomares Herrera
Ius Humani. Jornal do direito Vol 6 (2017)
Publisher : Universidad Hemisferios

In order to understand and assimilate the current evolution and the international scope of public transparency and the right of access to public information holistically today, a study of an international set of norms of different dimensions is proposed. To this end, systemically, a compilation and classification of international standards, declarations, provisions and resolutions is carried out first, and secondly a European level in Community declarations, directives and own resolutions. To this follows a commentary and a florilegio that brings to light the current situation of the same from the global to the community. The study concludes in a general overview of what lies in the direction of an emerging right fundamental right of access to public information, the trend and evolution of public transparency on comparative law in which they are reflected in the Recent developments in each field of law.

Inconstitucionalidades de la Ley Orgánica de Garantías Jurisdiccionales y Control Constitucional y otras falacias jurídicas Ernesto López Freire
Ius Humani. Jornal do direito Vol 2 (2010)
Publisher : Universidad Hemisferios

This paper demonstrates the various unconstitutional and fallacies of the Organic Law of Judicial guarantees and Constitutional Control. For that, there will be a comprehensive collation between the mentioned law and the Constitution of the Republic of Ecuador and force. Through this analysis shows a lack of knowledge of Ecuadorian law or legal science by their authors. This study elucidated, inter alia, the inconsistencies in matters relating to the interpretation of constitutional provisions, full compensation, material and integral; challenge administrative acts, judicial unit.

La relación entre moral y derecho en el paleopositivismo y el positivismo Jurídico Jorge Guillermo Portela
Ius Humani. Jornal do direito Vol 4 (2014)
Publisher : Universidad Hemisferios

In this paper, a historical chronicle of relations between morality and law´s done, as they have been conceived by legal positivists, since Austin´s developments until Hart´s propositions; most of them have been put forth since 1960, in the middle of XX Century. It is interesting note that, from a position that deny any possibility of a metaphysics, in which a value-neutrality was postulated, as it happened with Austin´s and Kelsen´s thesis, then was developed the idea that a link between morality and law is not only possible, but even necessary. The author has come to the conclusion that last Hart´s admission of a “soft” positivismo including a certain moral idea has made possible to obtain a stream of fresh air for the general theory of law and one contribution for the protection of the human rights. This has let a true advance in contemporary juridical ideas development.

El garantismo y el punitivismo en el Código Orgánico Integral Penal Sebastián Cornejo Aguiar
Ius Humani. Jornal do direito Vol 5 (2016)
Publisher : Universidad Hemisferios

The objective of this article is to determine the need for the existence of a punitive and a guarantor party within the Integrated Criminal Code, starting from the study of the doctrinal updating in criminal matters within the Ecuadorian legal system considering that since Ecuador is a constitutional State Of rights and justice, inspires us to construct mechanisms that have as basis and aim the protection of the freedoms of the individual, against the various forms of the arbitrary exercise of punitive power of the State, where the guarantees and principles established in the Code Organic Integral Criminal, should be considered as punitive power containment filters that prevent that power from overflowing and destroying everything in its path. Then the meaning of the guarantee and punitivity is analyzed. Finally, we consider the relationship between guarantee and punitivity, concluding that the guaranty is a current that provides substantial ideas to transform the judicial process thus preventing the arbitrariness of punitive power.

Tampa, indicador e polÃticas
Ius Humani. Jornal do direito Vol 1 (2008)
Publisher : Universidad de Los Hemisferios

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