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Topic 32: The constitution, Capturadsf, image, imagen, imagen, imagen -…
Topic 32: The constitution
What is a Constitution?
Countries need to establish fundamental and general rules for people and groups with the goal that they can live in harmony
The book where the fundamental rules are strict is known as the "Constitution" of the Republic or "Political Constitution"
The Constitution is a rule that includes the agreements reached by a society. It is considered to be the legal basis of democracy
What does the Constitution exist for?
If the constitution did not exist, possibly everyone would want to impose their will, and chaos and abuse would reign
It helps us to have clear rules, know exactly how far we can exercise our freedom, fulfill our responsibilities and demand that our rights be fulfilled
Pure Theory of Law
Hans Kelsen designed a pyramid that symbolized the categorization of laws in a society
According to Kelsen, the norm of greater hierarchy is the Constitution, which is at the top of the legal pyramid and from it derives the foundation of validity of all the other norms that are below them
Usually attributed to Hans Kelsen is the famous Stufenbautheorie (theory of stepped construction), also called “theory of hierarchical order of structure” or “normative pyramid.”
The Supreme Rule
All other rules must correspond with it and respect the rights and guarantees
All authorities and citizens must respect and comply with the standards of the Constitution
No rule or provision can go against the Constitution
General Notions
Principles
The constitutional principles are those that affect the result of superior values for humanity, therefore, they are the normative subsidies of fundamental rights
Rights
The rights are faculties, freedoms or basic values inherent to the human being, which means that they belong to us by the simple fact of being people. The rights are irrevocable and inalienable
Second Generation Rights: Economic, social and cultural rights that are linked to the principle of equality
Third Generation Rights: Collective rights, related to the principle of solidarity
First Generation Rights: Civil and political rights, linked to the principle of freedom
Guarantees
Constitutional guarantees are the mechanisms that make our human rights enforceable when there is some kind of violation
Constituent Power
The power to elaborate or modify a Political Constitution is understood
Derived Constituent Power: • It allows to modify a Political Constitution always subject to limitations, organs and procedures established in the same Constitution that it is intended to modify
Original Constituent Power: It allows to elaborate a new Constitution or modify an existing one, with the limitations of respect for fundamental rights and general constitutional principles.
Constitutions of Ecuador
Since Independence, before the founding of Ecuador, several constitutions were approved that were drafted in the midst of the independence wars
Then the Constitution of Great Colombia was adopted. The first constitution of our country as a Republic was issued in Riobamba in 1830
Ecuador has had twenty constitutions. The high number is not a success, but rather a problem, because it means that we have changed the rules of the game too often.
A new Constitution has been issued after a dictatorship has been ruled or when there has
been a popular demand for constitutional rules to be modified.
The Constitution that currently governs in Ecuador was issued by the National Constituent Assembly and adopted after it was approved by popular consultation on September 28, 2008
