Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Chiluisa Santo, Antony AlexanderSubject: search.filters.subject.MOTIVACIÓN

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    La Legalidad Y Legitimidad de las Resoluciones del GAD 11 De Noviembre del Cantón Latacunga, Provincia De Cotopaxi
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Chiluisa Santo, Antony Alexander; Espín Meléndez, María Cristina
    Legality is based on the application of the principle of legality and is closely related to the law as a source of rights. Legitimacy, on the other hand, refers to the consensual validity given to an act or authority, regardless of the required formalities. The issuance of administrative acts, such as Parish Administrative Resolutions, becomes problematic when the law is not correctly applied, which can have serious legal consequences. The Ecuadorian Constitution establishes that legal certainty is based on respect for the Constitution and prior, public, and clear rules applied by competent authorities. The research focuses on critically analyzing the Constitution and other national norms regarding the motivation, legality, and legitimacy of administrative acts. Resolutions issued by the Autonomous Decentralized Parish Government of 11th of November in specific years will be examined as a guide. It is essential to highlight the importance of legality and legitimacy of administrative acts as a constitutional guarantee. Resolutions from the public authorities must be properly motivated and in line with the Constitution. The lack of knowledge of legal norms by individuals in public positions who issue regulations or resolutions can lead to serious problems, as it disregards the legal requirements and may result in challenges and nullification of documents. Conducting a legal review is necessary to prevent an Autonomous Decentralized Government from being in a precarious situation when issuing invalid resolutions. In a rule of law, the state organ can only act within legal limits, while individuals who are not part of the state can do anything not expressly prohibited.