El estado constitucional de derechos y justicia como fase superior al Estado de derecho.
The Constitutional State of Rights and Justice as a superior phase to the Rule of Law.This statement, far from being a simple rhetorical statement, implies that thesubstantial elements of the rule of law have historically been overcome. The objectiveof this research was to demonstrate that from the...
Tallennettuna:
| Päätekijä: | |
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| Aineistotyyppi: | masterThesis |
| Kieli: | spa |
| Julkaistu: |
2022
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| Aiheet: | |
| Linkit: | http://repositorio.uotavalo.edu.ec/handle/52000/692 |
| Tagit: |
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Lisää tagi | Yhteenveto: | The Constitutional State of Rights and Justice as a superior phase to the Rule of Law.This statement, far from being a simple rhetorical statement, implies that thesubstantial elements of the rule of law have historically been overcome. The objectiveof this research was to demonstrate that from the approval and validity of the 2008Constitution, Ecuador changed the State model from being a State of Law to being aConstitutional State of Rights and Justice. A methodology based on a qualitativeapproach and a critical analytical method was developed because the supreme normwas analyzed and interpreted. Then, a descriptive, correlational study was carried outthat demonstrated the theoretical postulates of the modern State model that has beenadopted, and in this way understand how it conceptually surpassed the classic Ruleof Law, a structural change that supposedly had an impact on the entire constitutionallegal system. , as well as the different contributions of neoconstitutionalism andphilosophies that outline a new paradigm in the legal sciences and in particular ofConstitutional Law showed us. It was theoretically concluded that the ConstitutionalState of Rights and Justice is qualitatively superior to the Rule of Law. |
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