Browsing by Author "Páliz Ibarra, Santiago Javier"

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    El principio de responsabilidad de la administración pública y los juicios políticos en el Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Páliz Ibarra, Santiago Javier; Frías Raza, Sergio Edmundo
    The present investigative work is carried out in order to analyze the scope of the principle of responsibility of public administration within the Legislative Function, based on the fact that the constitutional rule and the Organic Law of the Legislative Function establishes the procedure to be applied to impeachment in cases where officials fail to fulfill their powers and their obligations entrusted to them in accordance with Arts. 129, 131 of the Ecuadorian Constitution. It is important to carry out this study which leads to understanding how in the country political trials are proposed and developed and the actions of the National Assembly as the administrative body of justice in this type of procedure, just as legal regulations based on the principle of administrative responsibility must apply to follow due process, judicial protection and legal certainty so that those responsible for non-compliance with this principle are sanctioned and do not go unpunished or are filed without penalty. In this research, the qualitative approach was used as a methodology because the applicability level of the principle of responsibility within the National Assembly was analyzed, with these case studies it was possible to determine the process followed in the political trials that took place in the country during the decade of Correismo. The interview was used as a data collection instrument, made up of 5 questions addressed to members of the Assembly to learn about the experiences lived on this subject within the audit institution. Finally, conclusions are presented that show the importance of the principle of administrative responsibility in the development of political trials in Ecuador. And hopefully in the future the preparation of legal reforms that have to do with political control will be considered
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    La sucesión electoral de dignidades municipales no posesionadas y el principio de legalidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-03) Páliz Ibarra, Santiago Javier; Mayorga Naranjo, Nelson Eduardo
    The legal system as an ordered set of rules and principles that govern a particular nation, seeks to ensure that all legal rules for the purpose contemplate aspects to exercise democracy in a full and unequivocal manner, but this aspiration always appear legal inconsistencies, legal loopholes , Legal antinomies or voids, which have been part of the law since its inception and the case study refers to the legal vacuum to designate a municipal dignity democratically elected and not possessed by proven physical, mental or legal disability. The importance of the study is to ensure the correct application of the Principle of Legality that guarantees the compliance of the law by both the state and civil society. Moreover, when it relates to legality with democracy, which makes it impossible to comply with the popular will, since there are aspects that are not clear or concise, leading to a lack of compliance with norms for the sake of democracy, such as the legal vacuum In the Code of Democracy regarding the electoral succession of Municipal Dignities not positioned. After the field work carried out through the application of surveys and interviews with law professionals, it is considered necessary: The modification of the Code of Democracy is the alternative to eradicate the legal vacuum that exists regarding electoral succession. Principles of democracy and legality of the country