Maestría en Derecho Constitucional

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    El principio de aplicación directa de la constitución y el Control concreto de constitucionalidad en el Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Cáceres Sánchez, Nelly Natalia; Vargas Villacrés, Borman Renán
    Ecuador is considered a democratic state of rights and justice; From the separation of the Spanish crown to the present day it has undergone continuous structural and organizational changes. The neo-constitutionalist current generated a substantial transformation with which it has allowed the recognition of rights and guarantees of different kinds. In the development of this investigative work several aspects are approached; starting with the recognition of rights, which are considered justiciable and are in the same normative hierarchy. Likewise, it is established that when the rights are violated, there are different jurisdictional guarantees, which become tools that allow the recognition of the established rights in the constitutional way. And finally, the issue of constitutional principles is addressed, as a link for the validation of rights through guarantees. By referring to principles, the constitutional power of direct application of the supreme norm arises. However, this provision contains some variations as can be verified in the development of the text. Consequently, the same Constitution establishes concrete control, which is a power of the Constitutional Court to guarantee regulatory compatibility within the legal system. As this possible confrontation exists within the constitutional text, a great question arises that seeks to analyze and understand. Although, the Constitution can be applied directly; in case of reasonable doubt, the judges have the power to refer the rule to consultation; Furthermore, when the non-judicial public servant is faced with a regulatory conflict, a major question arises, which is intended to be analyzed in the course of this project.