Analysis of the principle of motivation in constitutional jurisprudence: a focus on ruling no. 1158-17 ep/21 of the Constitutional Court

  • Guido Javier Silva Andrade Universidad Regional Autónoma de Los Andes
  • Beatriz Del Carmen Viteri Naranjo Universidad Regional Autónoma de Los Andes
  • Paúl Orlando Piray Rodríguez Universidad Regional Autónoma de Los Andes
  • Daniela Alejandra Silva Andrade Universidad Regional Autónoma de Los Andes
Keywords: Fundamental rights, constitution, legal procedures

Abstract

The Constitution of Ecuador, as the supreme norm, covers the organization of the State and fundamental rights. These rights include some of great intrinsic importance, such as life and liberty, as well as others related to legal procedures, such as legal security and protection rights. Motivation stands out as an essential pillar of Constitutional Law, guaranteeing justice and transparency in judicial and administrative decisions. The Ecuadorian Constitutional Court, in its Ruling No. 1158-17 EP/21, has introduced a new approach to motivation, abandoning the traditional "motivation test", which required reasonableness, logic and comprehensibility in judgments. This change marks a significant milestone in the evolution of constitutional law in the country.

Published
2023-12-01