Constitutional Justice in Ecuador

retrospective and future

Abstract

In the middle of the 20th century, the Republic of Ecuador adopted the Kelsenian model for the control of constitutionality, and ultimately, this function was given to a specific body called the Tribunal of Constitutional Guarantees (concentrated model). However, this institution developed with several deficiencies for various reasons, the main one – which lasted until 1995 – its resolutions did not have a definitive, unappealable character. It is interesting to note that in the first stage – in accordance with French doctrine – the National Congress is the only one that can review its own laws and decide on unconstitutionality. The control system was the subject of some constitutional reforms in search of improvement, until in 1995 it was restructured appropriately and was handed over to the current Court. The system is mixed, because the Judicial Function can – in the cases that resolve it – declare a legal norm inapplicable if it is incompatible with the Constitution, but must send the Court for the final decision with erga omnes effects.Among the Court's responsibilities are: knowing the demands for unconstitutionality of laws and other legal norms; of unconstitutional administrative acts; the objection to the veto of a law project by the President of the Republic for reasons of unconstitutionality; determine the constitutionality of international treaties and conventions prior to Congressional approval; resolve conflicts of competence between State bodies; y, in matters of protection of human rights it corresponds to the Court to resolve on cases in which the habeas corpus is denied, the habeas data and on the appeal of amparo actions, these are very numerous and occupy a high percentage (in it 2001 was 82.1 cases).