Abstract

LOPEZ ANDRADE, Adrián Raúl. Judicial action on public policies: the case of the Ministry of Public Health in Ecuador in 2011 and repercussions under constitutional rule of law. E&c [online]. 2017, vol.2, n.5, pp.135-154. ISSN 2477-9245.  https://doi.org/10.37228/estado_comunes.v2.n5.2017.56.

The Ecuadorian Constitution of 2008 recognized public policies as constitutional rights guarantees, along with the normative and jurisdictional ones. The constitutional legislator may have partially foreseen consequences of doing so; however, it is through practice that they fully develop. The intertwining of jurisdictional guarantees with guarantees of public policy came together in 2011, when two civil society organizations of people with HIV filed a request for precautionary measures, which was resolved by a judge of first instance in the province of Guayas, who ordered the Ministry of Public Health to reformulate one of its policies. These judicial actions overturn orthodox formulas of understanding public policies and the involvement of the Judiciary in their cycle. This case serves to distort objections to the involvement of the Judiciary in areas considered exclusive to the Executive and Legislative branches. The repercussions of this transcend the field of social rights and can lead eventually to the pronouncement of justice on other fields.

Keywords : Public policies; Judiciary; Constitutional Court; constitutional rule of law; judicial action..

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