Analysis of the jurisprudential precedent in the constitutional concentrated control of the Ecuadorian juridical system.

  • Juan Carlos Nevárez Moncayo Universidad Regional Autónoma de Los Andes
  • Silvia Marisol Gavilánez Villamarín Universidad Regional Autónoma de Los Andes
  • Aurelia María Cleonares Borbor Universidad Regional Autónoma de Loa Andes
  • Lourdes del Rocío Sánchez Pérez Universidad Regional Autónoma de Los Andes
Keywords: jurisprudential precedent, constitution, constitutionality control, constitutional supremacy, legal system

Abstract

This research is related to the constitutional supremacy that covers the Supreme Law of the State and the control of constitutionality that is exercised in the current legal system. As the closest antecedents we refer to the English jurisprudential precedent contained in the Bonham case; and on the other hand, the case "Marbury vs. Madison" in the United States. The objective of the investigation was to analyze the jurisprudential precedent of control concentrated in Ecuador, provided for in the Constitution. Due to its focus and scope, the research is qualitative, based on a comparative study, while the 1998 Constitution contained a diffuse or North American control; different from what was embodied by the Montecristi constituent, which brought with it a concentrated European-style control.

Published
2021-07-01