El "derecho a la comunicación" bajo el prisma de Owen Fiss : una lectura a la actual Constitución ecuatoriana.

Abstract

The inicial part of the present article explain the concept of Ecuador Political Constitution of 1998, in reference of comunication and free speech; then, the review and development of actual tendency about both rights as an esential part to the development of a democratic state. In between these, it was tooked as a reference the theory created by norteamerican Owen Fiss in his book “The Irony of Free Speech” published in 1999. Under the look of Fiss’s theory, was tested the ecuadorian Republic Constitution of 2008, starting by the concept that the state of Ecuador is considerate a democratic one. With the purpose to know up to what extend the Constitution did answer to the standars and elements that Fiss makes reference to the protection and guarantee of free speech right; and at the same time, wich is the role that plays the actual state in front of this situation.