La unificación de la jurisdicción constitucional en todos sus niveles, una garantía de eficiencia y eficacia en la administración de justicia ecuatoriana
With the adoption of the 2008 Constitution by referendum, Ecuador went from being a rule of law to be a constitutional rule of law and justice. Thus, this new definition placed directly what "constitutional" as a center of legal agreement - political society and state in which citizens...
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| Формат: | bachelorThesis |
| Язык: | spa |
| Опубликовано: |
2016
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| Предметы: | |
| Online-ссылка: | http://dspace.unl.edu.ec/jspui/handle/123456789/13262 |
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| Итог: | With the adoption of the 2008 Constitution by referendum, Ecuador went from being a rule of law to be a constitutional rule of law and justice. Thus, this new definition placed directly what "constitutional" as a center of legal agreement - political society and state in which citizens' rights are sufficiently guaranteed by the State Constitution. In sum, this is to give more strength to the relationship between state and society while deepening the life and guarantee of rights. But this new form of justice or constitutional law also requires that its statements of abstract right pass to the application of proper justice and the Constitution itself provides the answer through the real possibility of denouncing the violation of fundamental rights before judges through judicial safeguards. The proposed Constitution makers to meet and resolve these jurisdictional actions (protective action, habeas corpus, habeas data action, action to public access) are all trial judges and appeals are aware of rooms provincial courts in the ordinary courts, except for the action of default and the extraordinary remedy of protection if dilate in these specialized body such as the Constitutional Court Constitutional Court, which is the highest constitutional watchdog, including having the right to 5 rule on the validity or otherwise of the legal rule or revoke decrees or judgments cars are finalized. The exercise of constitutional jurisdiction in dispersed form creates multiple problems as normal activity distracts the officer in charge of this new type of administration of justice, must recharge their work quickly and efficiently address the actions assigned to him because for this type of actions are planned very short processing times and mostly require great intellectual work by the grounds that he has to give rulings, which decreases the quality of their work, in addition to violating constitutional principles such as efficiency and efficiency. So through this research work proposes the unification of constitutional jurisdiction at all levels in the Constitutional Court, so that in this way the rights of citizens are guaranteed by a constitutional justice more likely and specialized. |
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