División clásica de poderes y la Constitución de la República del Ecuador.

ABSTRACT: The purpose of this work is to examine the traditional division of powers and the Ecuadorian Constitution of 2008, offering a critical perspective on its constitutional design and evaluating its normative advantages in relation to the theory of separation of powers. In this context, a brie...

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Autore principale: Miguez Guzmán, Mishelle Deyanira (author)
Natura: bachelorThesis
Lingua:spa
Pubblicazione: 2024
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Accesso online:http://dspace.unach.edu.ec/handle/51000/12438
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Riassunto:ABSTRACT: The purpose of this work is to examine the traditional division of powers and the Ecuadorian Constitution of 2008, offering a critical perspective on its constitutional design and evaluating its normative advantages in relation to the theory of separation of powers. In this context, a brief description of the theory of separation of powers, its historical evolution and its contemporary application is provided. Through a qualitative, doctrinal, legal and comparative analysis of the constitutional systems of Ecuador, Colombia and Peru, thus analyzing similarities and differences, in addition to highlighting how the system of checks and balances has been incorporated in the Ecuadorian context, it is evaluates how the decentralization of power has facilitated the development of the Ecuadorian democratic system. The main conclusion of this thesis indicates that the incorporation of two functions compared to the classic division of powers constitutes a normative advantage; in general terms, a model of distribution of functions is formed that is strengthened with the 2008 Constitution.