Constitucionalismo democrático e innovación constitucional en Ecuador: la Constitución de 2008.
Since the reactivation of the Constitutional power with the Colombian Constitution of 1991, many democratic Constitutions have brought significant and structural changes in several Latin- American countries regarding the arrangement of the public authorities, the democratic legitimacy of the power a...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6567133 |
| Source: | Diálogos de saberes: investigaciones y ciencias sociales, ISSN 0124-0021, Nº. 47, 2017, pags. 81-102 |
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| Summary: |
Since the reactivation of the Constitutional power with the Colombian Constitution of 1991,
many democratic Constitutions have brought significant and structural changes in several Latin-
American countries regarding the arrangement of the public authorities, the democratic legitimacy
of the power and the Constitutional regeneration of the rights. Among the new Constitutional
texts in Latin America stands out Ecuador’s Constitution of 2009 for its originality and theoretical
advances. This is the first case of transitional Constitutionalism in the new Latin- American
Constitutionalism. However, these Constitutions face a problem of application that hinders its
potential as instruments of social transformation.
This paper explores the conditions among which Ecuador activated its Constitutional powers in
2007, as well as the context in which the writing of the Constitution of 2008 was produced. Also,
it explains the reasons for the inclusion of the Constitutional text in the theoretical paradigm of
the new Constitutionalism. The document centers its analysis on one hand, on the nexus between
sovereignty and stablished power, and on the other hand in the building of Constitutional innovations,
as well as in the inclusion of the concept of “good living” as axiological fundament of the
Constitution. The text refers also to the maximalist goals of the new constitution and its possibility
to create fractures between the constitutional formality and the reality of its implementation. |
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