Neoconstitucionalismo y seguridad: análisis del estado de emergencia y del estado de excepción en las constituciones ecuatorianas de 1998 y 2008
Neoconstitutionalism is analyzed from a theoretical view. Its innovative nature is defined in the context of legal theories and how it allows the creation of constitutions that are more focused on the human being. This results in a Constitution, which not only organizes the state but also maintains...
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| Formaat: | masterThesis |
| Taal: | spa |
| Gepubliceerd in: |
2014
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| Onderwerpen: | |
| Online toegang: | http://repositorio.iaen.edu.ec/handle/24000/5198 |
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Voeg label toe | Samenvatting: | Neoconstitutionalism is analyzed from a theoretical view. Its innovative nature is defined in the context of legal theories and how it allows the creation of constitutions that are more focused on the human being. This results in a Constitution, which not only organizes the state but also maintains protection to the people. A discussion is made between several “neoconstitucionalistas” authors both critics and supporters, to assess the implications of the theoretical developments in the field and generate the categories of analysis. Also, I have chosen theoretical, ideological and practical neoconstitutionalism analysis levels, which allow connecting the discussion between human security and states of emergency. In the second chapter, human security is taken as a fundamental condition for the development. This research explains how this element connects with neoconstitutionalism. Theoretical discussions on the classification of human security are explained. The third chapter discusses the state of exception. I analyze various authors who are both for and against the existence of this institution, especially from the point of view of political security. This chapter provides theoretical connection between neoconstitutionalism and its levels of analysis, human security and state of emergency. In the fourth chapter, the application of discussions about neoconstitutionalism, human security and state of emergency is made, using as study cases, the states of emergency issued during the period 2010-2013, in the context of the police rebellion of September 2010. As a concluding part of this work, this research analyze the states of exception from September 30, 2010, and the subsequent need of military protection to the Congress, and how behavior is against the right to security. |
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Neoconstitucionalismo y seguridad: análisis del estado de emergencia y del estado de excepción en las constituciones ecuatorianas de 1998 y 2008