Una interpretación integral de la Constitución al estilo Dworkin : caso matrimonio igualitario en el Ecuador.

Abstract

This paper is carried out with two objectives and in two moments. First, the presentation of the position I had -even before the issuance of the decisions of the Ecuadorian Constitutional Court that authorized same-sex marriage- regarding the constitutional possibility that said marriage would be a reality in Ecuador. For that purpose, I had identified Dworkin´s theory of constructive interpretation as an ideal tool to examine this possibility. So, the first part includes some central assumptions of Dworkin´s theory. Then, through Dworkin´s theoretical disagreements theory, the identification of what are the essential features of ¨marriage¨. And then, following the stages of Dworkin´s theory, the establishment of what could be considered the best possible interpretation of the definition of marriage contained in the second paragraph of article 67 of the Ecuadorian Constitution. And a second moment in which the resolutions issued by the Constitutional Court are analyzed, to identify what type of interpretation has been used and whether these arguments can be enriched.