Influencia de los modelos de control anglosajón y civilista en el desarrollo del control constitucional en el ecuador

Abstract

The control of constitutionality is in a state of rights, is the most important tool of state power control, an imperative guarantee of the balance of powers and an indispensable budget for the real validity of the principle of constitutional supremacy. The different control models that have been developed throughout history and in the different scenarios of the world, have helped developing states like Ecuador adopt one or more models that ensure their objectives, basically the full validity of the rights that its constitutional texts have enshrined. In the Anglo-Saxon or diffuse control system, the Judges must apply the norms of greater hierarchy, leaving aside those of lower hierarchy and carry out the constitutionality control in all types of, the unconstitutionality of the norms cannot be alien to a conflict judicial. In the concentrated system there is a jurisdictional authority that focuses its work on the correct application of the Constitution, a specialized body also considering that the unconstitutionality and invalidity of the rule, cannot be determined and declared by any judge as a simple manifestation of its power. The Ecuadorian state, having assumed neo-constitutionalism as a constitutional paradigm, has incorporated elements of various forms of control, which constitute a support for that vision of guaranteeism and fullness of rights to be achieved.