The constitutionalism of rights and the limits of constitutional interpretation (critical comments on the sentences on equal marriage in Ecuador)

Authors

  • Benjamín Marcheco Acuña Universidad de Guayaquil

DOI:

https://doi.org/10.18042/cepc/redc.119.06

Abstract

The paradigm of neo-constitutionalism meant a qualitative change in the way of understanding and ensuring the effectiveness of human right and consequently, an expansion of the jurisdictional function of control of political activity. This has generated some risks of interference from the first to the second, especially in the cases of interpretation and concretion of constitutional precepts formulated with high degrees of indeterminacy, on the occasion of the resolution of conflicts involving rights. This paper is intended to make a critical analysis of the main arguments of the Ecuadorian Constitutional Court sentences (10-‍18 CN and 11-‍18 CN of 2019) referring to equal marriage, according to the theory of the interpretation of the Constitution and the limits of the control of the constitutionality of the laws, trying to show that the CC has exceeded its powers related to constitutional control and breaks the necessary institutional balance of the rule of law.

Published

2020-08-31

Issue

Section

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