DERECHO CONSTITUCIONAL (PARTE 1)

Summary

In this lecture, Sandra Tapia Barroso, a professor of administrative law, introduces the concept of the constitutional state of rights in Ecuador. She discusses the evolution of the 2008 Constitution, its historical context, and the significant changes it brought, such as the development of constitutional justice and the protection of human and environmental rights. The lecture also explains the structure of the Constitution, including the nine key titles, and highlights the principles of supremacy, direct application, and the binding nature of the Constitution. Additionally, she covers the roles of the Constitutional Court and the importance of upholding constitutional norms.

Takeaways

• 😀 The constitutional text of 2008 in Ecuador is a significant legal document that reflects a promise made during Rafael Correa's 2006 presidential campaign.
• 😀 The Ecuadorian Constitution of 2008 was created through a popular consultation and a constituent assembly, aiming to restructure the state's institutional framework.
• 😀 The Constitution, effective since October 2008, replaced the previous 1998 Constitution and brought profound changes to Ecuador's political and legal structure.
• 😀 The Constitution has two main parts: the dogmatic part, which defines rights and liberties, and the organic part, which organizes the functions of power.
• 😀 The Constitution plays a dual role: politically, it organizes and legitimizes the exercise of power, and legally, it organizes and legitimizes the legal order.
• 😀 The Constitution of 2008 is structured into 444 articles, 30 chapters, and 9 titles, focusing on essential themes such as rights, justice, power, and development.
• 😀 The nine titles of the Constitution address key themes: state elements, rights, constitutional guarantees, power organization, territorial organization, development, good living, international relations, and constitutional supremacy.
• 😀 Ecuador is defined as a constitutional state of rights and justice, emphasizing democracy, sovereignty, interculturalism, and independence in its Constitution.
• 😀 The Constitution is supreme and has normative force, meaning all other laws must align with it. It is also directly applicable without needing additional regulations.
• 😀 The principle of constitutional supremacy ensures that the Constitution prevails over all other legal norms and acts, and it is reinforced by the constitutional hierarchy, which places it at the top of the legal system.

Q & A

What is the main theme of the lecture in the transcript?

The main theme of the lecture is the 'Constitutional State of Rights' in Ecuador, specifically focusing on the 2008 Constitution and its implications on constitutional law, justice, and the protection of rights.

What was the process leading to the adoption of the 2008 Constitution in Ecuador?

The 2008 Constitution was created after President Rafael Correa promised electoral reforms in 2006. In April 2007, the Ecuadorian people voted in a referendum to call a Constituent Assembly, which drafted the new constitution. It was approved in a national referendum in September 2008 and came into effect on October 20, 2008.

How does the 2008 Constitution differ from the previous one (1998)?

The 2008 Constitution marked a shift from a constitution focused on liberties (1998) to one focused on well-being, with a significant emphasis on the concept of 'Buen Vivir' (Good Living), human rights, and the protection of nature.

What are the two main parts of the Ecuadorian Constitution?

The Ecuadorian Constitution consists of two main parts: the 'dogmatic' part, which proclaims rights and freedoms, and the 'organic' part, which organizes the functions of the state's organs of power.

What are the nine titles in the 2008 Constitution, and what do they cover?

The nine titles of the 2008 Constitution cover the following topics: 1) Elements constituting the state, 2) Rights, 3) Constitutional guarantees, 4) Participation and organization of power, 5) Territorial organization, 6) Development regime, 7) Good Living regime, 8) International relations, and 9) Supremacy of the constitution.

What is meant by the term 'State Constitutional of Rights' as mentioned in the transcript?

The term 'State Constitutional of Rights' refers to a model of state in which the constitution is the supreme law, guaranteeing rights and freedoms, with the judiciary playing a key role in protecting these rights.

What are some key principles outlined in the 2008 Constitution?

Key principles include the constitution being the supreme law (Article 424), its normative and binding nature (Article 426), the immediate and direct application of constitutional rights, and the development of constitutional justice through the judiciary.

What is the role of the Constitutional Court in Ecuador's justice system?

The Constitutional Court in Ecuador is responsible for interpreting and controlling constitutional matters, ensuring that the constitution is upheld and that rights are protected. It also resolves constitutional conflicts and issues related to the interpretation of laws.

What is the concept of 'Supremacy of the Constitution'?

The 'Supremacy of the Constitution' refers to the idea that the constitution is the highest legal authority in the country, meaning all other laws and actions by the state must conform to it. This is articulated through a hierarchical structure of norms.

What does the concept of 'Buen Vivir' (Good Living) in the Constitution refer to?

'Buen Vivir' (Good Living) refers to an indigenous concept that prioritizes collective well-being, the balance of humanity with nature, and the development of society in harmony with ecological sustainability and social equity.