Interpretación constitucional y estado de excepción.

Abstract

The work consists of establishing the background to study the interpretation of the law in general and move on to constitutional interpretation. The framework of this research in time goes from the oldest law and legal bodies that were developed over time, as the Code of Hammurabi; the Institutos of Justiniano; the Law of Partidas of Alfonso X The Wise; the Code of Napoleon to end with the Ecuadorian civil code, which coincides with the Colombian, Chilean codes, and Costa Rica where it comes from, as these derive from the project of Andres Bello, as well as the twentieth Ecuadorian Constitution, which is the first to assign the power of interpretation to the, now in Ecuador called Constitutional Court. This work is linked to the national reality, since the second part will study the regime of exception, also current in Ecuador due to the Covid-19 pandemic, which has led to declarations of a State of Exception, all of which have been analyzed by the Constitutional Court. It begins from the understanding the words, which is the first rule for the interpretation of de Constitution and the Law, in order to make an analysis that will be useful to the judge. The work also provides an historical and comparative study of the interpretation of the Constitution and the Law over time. The objective is obviously to achieve a clear understanding of what is involved in the interpretation of a Constitution, legal norm, the judicial powers, and who should be the interpreters.