Abstract

NOBOA LARREA, Gonzalo Enrique; BONILLA ALARCON, Luis Alfonso  and  GAIBOR BECERRA, Angélica María. Constitutional guarantees versus judicial activism in the administration of justice in Ecuador. RCUISRAEL [online]. 2019, vol.6, n.3, pp.43-54.  Epub Dec 10, 2019. ISSN 2631-2786.  https://doi.org/10.35290/rcui.v6n3.2019.120.

The new legal framework that was established following the Constitution approved in 2008 has given way to an important recognition of rights to people in Ecuador. However, currently within the procedural scope could cause a violation of constitutionally recognized rights, because of the contradiction that is registered between the rules that promote Judicial Activism and those that promote the constitutional Guarantee. In this context, the methodology used in the present study is based on a bibliographical investigation, which allowed to have an accurate outline of constitutional guarantee against judicial activism on everything related to the due process of the administration of justice in the country. On the other hand, the criterion of two professionals in the field of Law was also used to learn more about the current situation of the country in relation to the variables under study. Finally, it can be established that the Constitutional Guarantees are legal tools that are used to somehow prevent, stop or amend the violation of any Law that is recognized within the Constitution, while the origin of Judicial Activism dates back to the Age Media, where, the very actions of the Holy Office led to the granting of greater concessions to the judges. Characteristic that still continues being one of the fundamentals of the activist doctrine in the present moments, obviously, through different arguments to those adopted by the Inquisition.

Keywords : judicial activism; constitution; law; judicial guarantee; justice..

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )