Abstract

YANEZ OLALLA, Telmo Elías; CHACON ABARCA, María Concepción  and  BONILLA ALARCON, Luís Alfonso. Constitutional rigidity in the face of the amendment in EcuadorLa rigidez constitucional ante la enmienda en Ecuador. RCUISRAEL [online]. 2021, vol.8, suppl.1, pp.41-53. ISSN 2631-2786.  https://doi.org/10.35290/rcui.v8n1e.2021.481.

In recent years, in the country different processes have been activated in the constitutional reform aimed at founding the reelection of the president indefinitely, allowing with this action that the same person postulates for the presidency of the Republic without any restriction, and it is there where a series of inconveniences have arisen, because according to the Constitution, there are two reform procedures, the first and perhaps the most democratic in which the main actors are the citizens, since through a referendum they approve or reject its implementation. While a second option falls on the initiative of the people who make up the National Assembly, which breaks the principle of constitutional rigidity and directly violates democracy as a system of government and participation.

With this background, the objective of the study focuses on demonstrating that the application of an amendment violates citizens' rights, for which it was necessary to analyze specific cases in the country. Therefore, the methodology used focuses on a qualitative approach of bibliographic order. Based on the above, as part of the conclusions, it can be seen that changes to the constitutional text always try to benefit the predominant political groups, instead of protecting the constitutionalized rights of citizens, being this behavior what ends up altering the stability of democracy.

Keywords : constitución; enmienda; reelección; rigidez constitucional; vulneración de derecho..

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