MODERN CONSTITUTIONAL AND LEGAL THOUGHT OF THE REPUBLICS OF PARAGUAY AND PERU (WITH AN EMPHASIS ON PRIVATE LAW AND OTHER ISSUES)

Abstract

The subject of the research and the purpose of this article is to study the modern constitutional and legal thought of two countries of the American continent-the Republic of Paraguay and Republic of Peru, expressed in its current Constitution of 1992 (Paraguay) in the 2011 edition and of 1993 (Peru) in the 2021 edition. The research methodology is based on materialistic dialectics and consists of data collection by analyzing the named legal acts, doctrine and descriptive approach to legal norms in the field under study, as well as reflexive practice. The method of system analysis and comprehension of the ideas presented in the mentioned editions of Constitutions is used along with such operations as induction and deduction; methods of formal and dialectical logic help to understand the relationship between the results of constitutional reforms and the presence (absence) of the need for them; a materialistic view of the processes and phenomena of the external world as a whole allows us to believe that all the patterns fixed in the studied Constitutions that receive (or do not receive) further development are subjectively and objectively conditioned and set. The scientific novelty of the work is determined by the goal set and the conclusions drawn. Among the conclusions reached by the author are the following. For example, general principles and transparent general rules have been identified that create a favorable legal climate for both residents of both Republics and investors; it has been established that the highest goal of the Republics is the protection of human beings and their personalities, recognition and respect for their rights and freedoms and human dignity. Against this background, the Constitution of 1992 (Paraguay) attempts to limit the powers of the President strengthening the powers of Congress, whereas the Constitution of 1993 (Peru), on the contrary, provides for the possibility of Congress delegating legislative powers to the President, thereby expanding the already wide range of powers granted to him, etc