Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

Examinar

Filtros

20251

Ajustes

Autor/a: search.filters.author.Carvajal Tapia, Anahí MercedesTema: search.filters.subject.CONTROL

Resultados de la búsqueda

Mostrando 1 - 1 de 1
  • Miniatura
    Item type:Ítem,
    Estudio comparado de la muerte cruzada en la legislación Española y Ecuatoriana
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-02)
    Carvajal Tapia, Anahí Mercedes
    ;
    Espín Meléndez, María Cristina
    The "cross death" is a constitutional mechanism in Ecuador designed to terminate the functions and powers of either the legislature or the executive, with the aim of resolving power struggles between these two branches. However, this mechanism lacks any form of control established by law. In contrast, in Spain, the dissolution of the General Courts (parliament) is a process that must be proposed by the President of the Government and approved by the Council of Ministers as the first filter. The second filter is the King, who issues a decree for dissolution, but this can only occur if there is no motion of censure against the President of the Government. This safeguard is not present in the Ecuadorian constitution, which means there is no mechanism to verify the causes for the dissolution of the assembly. This research aims to compare the "cross death" mechanism, its procedures, requirements, and admissibility in both Spanish and Ecuadorian legislation. To achieve this, a qualitative approach was adopted, utilizing the comparative law method and interviews as the primary technique. An interview guide was used as the research instrument with subject matter experts. The study concluded that the "cross death" process in Ecuador has flaws in its implementation, timing, and procedural aspects. Therefore, it is important to establish controls over this mechanism and to promote democratic education among Ecuadorian citizens.