Jurisprudencia y Ciencias Sociales

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

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2020 - 20252

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Tema: search.filters.subject.CONTROL DE CONSTITUCIONALIDAD

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Mostrando 1 - 2 de 2
  • Miniatura
    Item type:Ítem,
    La independencia de la Corte Constitucional y su influencia en la gobernabilidad del Estado ecuatoriano.
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-05)
    Cruz Ramos, Anita Maholy
    ;
    Espín, María Cristina
    This research analyzed the independence of the Constitutional Court of Ecuador and its influence on the governance of the State, through a qualitative, descriptive, and exploratory approach. It was based on the assumption that a truly independent Court contributes to political, legal, and democratic stability. Through the analysis of key rulings, constitutional decisions, and expertinterviews, it was observed that although the legal framework establishetshe Court as autonomous, in practice it faces pressures that may compromise its impartiality. These tensions affect public trust and the legitimacy of the institution. The study demonstrated that the Court's decisions directly influence public policies and inter-institutional relations, making it a pivotal actor for democratic balance. Additionally, the work examined Ecuador's governance challenges and how constitutional jurisprudence shapes institutional dynamics. The study concludes with recommendations aimed at reinforcing judicial independence and consolidating the Court's role as a constitutional guardian. This thesis contributes to a critical understanding of the relationship between constitutional justice and democratic governance in Ecuador.
  • Miniatura
    Item type:Ítem,
    La supremacía constitucional y el control de constitucionalidad de los tratados bilaterales de inversión en el Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho Constitucional, 2020-02)
    Maisanche Tomarima, Diego Armando
    ;
    Machuca Lozano, Santiago Esteban
    This research paper tends to analyze the interaction between basic principles of constitutional law and international law, in the light of the constitutionality control of the Bilateral Investment Treaties in Ecuador. Also, considering the profound constitutional changes experienced since the conception of the so-called Montecristi Constitution of 2008. Consequently demonstrating the impact of the principle of constitutional supremacy in the abstract control of constitutionality of the Treaties and Commercial Agreements in Ecuador. To address the issue, the fundamentals that inspire the principle of constitutional supremacy and the control of constitutionality will be analyzed. Likewise, the basic principles of International Law that demand the fulfillment of the obligations conceived through international instruments by the States. Within that framework, the importance of Ecuador's state sovereignty will be considered, in relation to national jurisdiction over international jurisdiction in conflict resolution, and the declaration of unconstitutionality of the Bilateral Investment Treaties. In the same way, the implications of the principle of constitutional supremacy will be established, in the legal certainty that Ecuador offers in its legal system in the conception of international instruments in commercial matters. Draws attention to legal certainty in the Treaties and Commercial Agreements signed by Ecuador since 1992, with the Bilateral Investment Treaties. At the same time, the denunciation of said treaties prior to the declaration of unconstitutionality in the exercise of the abstract control of the Ecuadorian Constitutional Court. By way of illustration, we will indicate the repercussions of the denunciation of the Bilateral Investment Treaties, in the productive and economic apparatus of Ecuador. Within the set of public policies oriented to Legal Security that Ecuador offers. We will also highlight the importance of devising a clear, safe legal system that provides respect for international instruments and the effective resolution of conflicts between subjects of international law. Finally, a proposal is presented for the elaboration of a draft of amendments to the Constitution of the Republic of Ecuador, in its articles 417, 421, 422, 438. This with the purpose of carrying out an abstract control of constitutionality of the international instruments to the light of the pacta sunt servanda principle, which determines that international commitments assumed through treaties cannot be breached by arguing provisions of domestic law, not even the Constitution itself. Likewise, to establish the correct path, to get rid of the obligations emanating from an international instrument, the same that the complaint procedure must be followed, in accordance with the Vienna Convention on the Law of Treaties, unless the same instrument provides for a procedure of specific complaint.