Los efectos de las sentencias del Tribunal Constitucional del Ecuador.

Authors

  • HERNÁN SALGADO PESANTES

Keywords:

Erga omnes effects, rulings overturning or upholding inconstitutionality, inapplicability, res iudicata, non-retroactivity.

Abstract

The rulings handed down by the constitutional court in Ecuador have features that, in general terms, establish doctrine. Their effects are general and binding. One particular feature is non-retroactivity, whose effects are ex nunc. It was traditional to speak of «suspending» inconstitutional regulations. However, the new reforms propose using the verb «anular», meaning to annul. Along with the concentrated control body, a diffuse system has been maintained: the judges in trials that recognise they could «inapply » a regulation (ex officio or at the behest of a party) as inconstitutional. There is some confusion regarding the material res iudicata of the rulings overturning bills considered inconstitutional.

Published

2008-12-19

Issue

Section

THE IMPACT OF THE CONSTITUTIONAL JUDGMENTS