Abstract

VILLAVICENCIO, Roberto Gómez. Constitutional Control in Ecuador. A Theoretical and Philosophical Approach. Foro [online]. 2022, n.38, pp.121-144.  Epub July 04, 2022. ISSN 2631-2484.  https://doi.org/10.32719/26312484.2022.38.6.

The constitutional control is the basis of the constitutional state, whether it is reviewing concrete regulations in a judicial process or as an abstract review of the legislation. Therefore, the purpose of this essay is to approach constitutional control in Ecuador from a theorical and philosophical point of view, without intending to exhaust such an approach, task neither possible nor desirable. With this in mind, What is constitutional control? What is its theorical support? What is its philosophical and historical background? How is it done? What criticism has been made in this regard? are the questions that this article seeks to answer based on general ideas and arriving at concrete current legislation. Given these points, it reviews the theoretical notion of the validity of norms, the conceptions of iusnaturalism and legal positivism, the historical emergence of the constitutional state; and also, more specifically, the systems of constitutional control and how it is done in the Ecuadorian state. In addition, the text goes over a well-known critique of neo-constitutionalism and leaves open the question about the need for a convergence of antagonistic legal conceptions.

Keywords : normative validity; constitutional control; constitutional state; conceptions of law; legal positivism; iusnaturalism; neo-constitutionalism; Ecuador.

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