El precedente jurisprudencial de la Corte Constitucional y la seguridad jurídica.
This research entitled "The Jurisprudential Precedent of the Constitutional Court and legal security" projected to analyze the role of jurisprudence within history in the legal families of common law and civil law and how in Ecuador they have adopted the two systems in the constitutional j...
Sábháilte in:
| Príomhchruthaitheoir: | |
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| Rannpháirtithe: | |
| Formáid: | masterThesis |
| Teanga: | spa |
| Foilsithe / Cruthaithe: |
2021
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| Ábhair: | |
| Rochtain ar líne: | http://repositorio.uotavalo.edu.ec/handle/52000/525 |
| Clibeanna: |
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| Achoimre: | This research entitled "The Jurisprudential Precedent of the Constitutional Court and legal security" projected to analyze the role of jurisprudence within history in the legal families of common law and civil law and how in Ecuador they have adopted the two systems in the constitutional justice. The jurisprudential precedent in Ecuadorian law was studied through a descriptive and dogmatic legal analysis from its generalities to landing on Ecuadorian constitutional law, which is covered by a jurisprudential value dictated by the Constitutional Court. Through the legal study of sentences of the Constitutional Court, it allowed to show that the right to legal security can be violated by the separation between precedents not argued by the Constitutional Court. Faced with the violation of the constitutional right to legal security, it implies a transgression to the same as in similar situations the decisions of this high court move away from their previous precedents without identifying and arguing from which precedent they depart. The Constitution of the Republic of Ecuador gives the attribution to the Constitutional Court of being the highest organ of interpretation of the Constitution, which issues sentences, jurisprudential rules and precedents of a binding and obligatory nature in safeguarding the constitutional rights recognized both in the supreme norm as in international human rights treaties. |
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