potestad reglamentaria en el derecho administrativo ecuatoriano: diferencias entre las facultades del ejecutivo y las autoridades administrativas de rangos menores.

Abstract

In this case study, the Regulatory Power in the Ecuadorian Administrative Law was studied, analyzing the differences between the powers of the Executive and Administrative authorities. Defining the scope and limitations of such power, breaking down the concept of regulation and identifying the most common errors made by the administration when regulating. Thus, establishing that the regulation in its original model consists of the President's faculty to develop the content of laws and, furthermore, in contemporary administrative law, the regulation is a type of normative act when it is issued by entities that make up the Public Administration; the scope of regulatory power differs in its area of application, as regulations issued by the President of the Republic have national effects, whereas regulations issued by administrative authorities have more focused effects within their institutional scope. This power also has certain limitations, such as the principle of normative hierarchy, the principle of legislative reserve, and individual rights. These limitations are linked to administrative errors when regulating, as failure to recognize or respect them can lead to arbitrariness or abuse of power in issuing regulations. The research used was documentary and qualitative in nature, and the methodology employed was exegesis, comparative analysis, analytical, historical, and synthetic methods. Data collection involved interviews and documentary analysis.