The Supreme Court of Justice in the face of the re-establishment of the constitutional regime (1978-1979)
Notwithstanding the lack of attention received in comparison with the Executive and the Legislative, the high courts play a considerable political role in the democratic transitions by their place, normative and empirical, in the constitutional architecture of checks and balances. In the 19...
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| Format: | article |
| Sprache: | spa |
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2018
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| Online Zugang: | https://revistadigital.uce.edu.ec/index.php/CSOCIALES/article/view/920 |
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Tag hinzufügen | Zusammenfassung: | Notwithstanding the lack of attention received in comparison with the Executive and the Legislative, the high courts play a considerable political role in the democratic transitions by their place, normative and empirical, in the constitutional architecture of checks and balances. In the 1970s, Ecuador experienced a civil dictatorship and two military dictatorships, in which the legitimating and safeguarding function of the constitutional order of the judiciary was in question. On the basis of an archival work, specifically focused on criminal case against Bolivar Jarrín Cahueñas and others for the murder of Abdón Calderón Muñoz at the end of 1978, are elements on the performance of the President of the highest court of justice of the Republic, the Supreme Court of Justice, when being questioned on the prevalence of the constitutional order over military law, at the precise moment of democratic transition. |
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