Unidad de Posgrado

Permanent URI for this communityhttp://repositorio.uta.edu.ec/handle/123456789/7849

Browse

Subject: search.filters.subject.FUNCIÓN LEGISLATIVA

Search Results

Now showing 1 - 3 of 3
  • No Thumbnail Available
    Item
    La implementación de un sistema bicameral en la Asamblea Nacional de la República del Ecuador
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho Constitucional, 2023-01) Guamán Gaibor, Washington Oswaldo; Guerrero Zúñiga, Edison Ramiro
    The unicameral parliament entails difficulties and disadvantages that reduce the fulfillment of the functions that the political system expects of it. The purpose of the investigative work was to analyze the contribution of the implementation of the bicameral system in the legislative function of Ecuador. The approach used was of a mixed type, with the collection and collection of information and data for analysis. It was also quantitative and focused on collecting documentation and skills towards the phenomenon addressed. An analysis of Comparative Law was carried out, with a descriptive typology. Documents on the Ecuadorian and international legislative system were analyzed. The population were professionals of Ecuadorian law; a convenience sample of 22 law professionals, familiar with the constitutional branch, was taken. A self-administered questionnaire was designed, with simple selection, with YES or NO response options, with 16 interrogative formulated items. The results of the survey showed, for the dimension advantages of the bicameral system, a unanimously positive aptitude of the surveyed sample with respect to the formulated indicators. In the dimension obstacles to a bicameral reform, 77.3% stated that the Ecuadorian Constitution does have a flexible structure that makes a constitutional reform that establishes a bicameral legislature feasible. In the problems dimension of the unicameral legislative function in Ecuador, the respondents almost unanimously agreed with the existence of all the problems reflected in the indicators. For the most part, there was no positive attitude towards the possible advantages of the unicameral legislative function in Ecuador. It is concluded that, in Ecuador, a reform towards the bicameral parliament to have a National Assembly with better mechanisms for reflection and moderation in the production of laws, as well as a mechanism for the division of powers, is feasible.
  • No Thumbnail Available
    Item
    Juicio político en el Ecuador y la facultad fiscalizadora de la Asamblea Nacional
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Taco Herrera, Evelyn Germania; Jordán Buenaño, Jeanette Elizabeth
    The legal institution of impeachment was born as a parliamentary procedure through which the legislative body can impose sanctions on certain government officials when they are deemed to have engaged in legally inappropriate conduct; impeachment is an instrument for the exclusive use of the legislative function who indirectly exercises the will of the people through its supervisory power. In this sense, the political trial constitutes a constitutional process whose purpose is to materialize the principle of responsibility enshrined in the constitution. Through this institution is of a mixed nature due to its political and legal origin; The purpose of this legal institution is to investigate the conduct of the high-ranking authorities in order to determine their political responsibility and apply the corresponding sanctions. The investigation determined the way in which the State's supervisory power currently performs in the face of a political trial, the way in which it is accepted or disposed of due to the political preferences that are in charge of the Oversight and Control Commission. Political. The study revealed the affectation suffered by the supervisory power of the National Assembly in terms of political trials since, as it has been shown, there are irregularities when recommending or not a political prosecution by the commission of political control and oversight, demonstrating in this way that the control depends on the political situation that the current government exercises, thus damaging the representative democracy of the country. The research was based on qualitative methodology through interviews with people specialized in political science, such as advisers, assembly members and legal experts, the development was carried out through the theoretical, doctrinal and legal foundation of aspects related to impeachment and the supervisory power of the National Assembly, in order to determine the incidence of the impeachment process in the supervisory power of the legislative body and develop legal criteria in relation to the supervisory power of the National Assembly in relation to the impeachment process. The result of the investigation makes possible a reform in the organic law of the legislative function where it is tacitly established that the qualification for impeachment is carried out by the plenary session of the National Assembly and not only by unanimous decision of the oversight commission.
  • No Thumbnail Available
    Item
    La teoría de los frenos y contrapesos y la constitución ecuatoriana
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Salazar Solórzano, María Belén; Jordán Buenaño, Jeanette Elizabeth
    This research reflects a constitutional historical analysis of Ecuador, as each of the Constitutions from 1994 to the present has established the checks and balances within its organic part. Public power is established in a very peculiar way that Ecuador is one of the few countries to contemplate in its theoretical part a correct division of power, however this does not reflect the true application of controls and balances that in practice is applied in the Ecuadorian State. Within these last 15 years the life of the Ecuadorian Constitution has been very variant, there has not been an independent Constitution, which emerges its true function, to set the rules of the State game. The governments of the day and their Constitutions have a very intimate relationship, each constitutional text has served as an instrument for dignitaries, whether they are legislative or executive, to make their way in their government and may not exercise their power without further opposition, violating this It forms the democratic order of the State to breach the brakes and counterweights.