¿Guardianes o sepultureros de la Constitución 2008? Primer balance de la «Corte Constitucional en transición»

Authors

  • Hernán Salgado Pesantes

Keywords:

Judicial review, self-proclaimed Constitucional Court in transition, immunity, probity, guardians

Abstract

Since the adoption of the current Ecuadorian Constitution (October 20th, 2008) enough time has elapsed to evaluate the performance of political institutions. This essay focuses on judicial review and it shows that the self-proclaimed “Constitutional Court in transition” has acted in disregard of constitutional provisions, with a manifest tendency to favor the decisions of the President of the Republic. Within this context, this essay analyses the alleged competencies of being a consultative body, of having immunity, the rupture of the direct and immediate applicability of rights, the lack of independence and the lack of probity. This analysis reveals that the guarantist Constitution of Ecuador, in its first period, did not have guardians to look after its rigorous application. 

Issue

Section

STUDIES