La potestad jurisdiccional de los jueces desde el enfoque del Estado de Derecho. Caso de estudio: hábeas corpus.

Abstract

The legitimate exercise of a constitutional judge’s powers is an issue that must be studied with the rigor imposed by the content of the Ecuadorian Supreme Charter, and the so-called Rule of Law. This perspective is due to the fact that ordinary judges, wrongly called constitutional, have the duty to abide by the provisions of constitutional and infra-constitutional norms, in relation to the resolution of jurisdictional guarantees; in particular, when it comes to hábeas corpus, where the rights of freedom of the people are at stake, which is the field of action for the achievement of a coherent line of study on judicial action. The delimitation of the Ecuadorian constitutional model’s conforming elements will be applied to analyze the limits of the so-called constitutional judge’s competence, and the risks that could derive from his subjective and / or arbitrary appreciations (hyperactivism). Likewise, a critical assessment of said judge will be used to elaborate substantiated proposals, which will allow identifying and overcoming counterproductive behaviors for the defense of rights, and for the correct exercise of their jurisdictional powers. The investigation will be carried out based on what is established by theoretical visions, and by qualitative methodology that includes the observation of documentary sources, and the preparation of interviews with specialists in Constitutional Law. With the above, the development of solutions to the problem will be possible, which will include the adoption of legislative measures, such as the establishment of specialized judges and courts that know jurisdictional guarantees.