¿Defensa de la Constitución o de la constitucionalidad?

Translated title of the contribution: Defense of the Constitution or of constitutionality?

José Félix Palomino Manchego, Dante Paiva Goyburu

Research output: Contribution to journalOriginal Articlepeer-review


This paper focuses on the analysis of article 38 of the Political Constitution of Peru of 1993, which establishes as a duty of all Peruvians to honor Peru, protect national interests, as well as to respect, comply with and defend the Constitution and the country’s legal system. It should be emphasized that the latter requires precision as to the institutions it protects, distinguishing between the Constitution, as a rule of rules, and constitutionality, which represents the essential principle under which modern democracies are built. In this manner, the mechanisms established for the defense of the normative hierarchy of the Constitution are reviewed, as well as the need to forge a committed culture, patriotism, and constitutional sentiment.

Translated title of the contributionDefense of the Constitution or of constitutionality?
Original languageSpanish
Pages (from-to)245-265
Number of pages21
JournalRevista Oficial del Poder Judicial
Issue number15
StateIndexed - 1 Jan 2021
Externally publishedYes

Bibliographical note

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© 2021, Poder Judicial del Peru. All rights reserved.


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