La consulta de norma como limitante del principio de aplicación directa de la Constitución.

Abstract

The consultation of the norms and principles of direct application in the constitution is a very debated topic in Ecuador, which has led to extensive and varied jurisprudence, this variation in the jurisprudence, has given rise to different positions regarding the use of the principle of direct application. This research begins by briefly defining the supremacy of the constitution in a constitutional state, then it will aboard the type of constitutional control established in Ecuador, whether concentrated or diffuse, analyzing various authors with similar or different point of views. This is essential to understand why a norm consultation should be conducted and, in turn, to comprehend the scope of the principle of direct application of the Constitution, which will be examined based on Ruling No. 11-18- CN/19.Accordingly, the study aims to answer the question: Does the consultation of norm limits this principle? And what are the reasons for it?. This research is conducted to expand knowledge on this topic, aiming to lay foundations that serve as a guide in similar scenarios. To achieve this, the study adopts a qualitative approach, analyzing laws, legal doctrines and jurisprudence to carry out practical research, this will help to determine the effects of norm consultation and how constitutional norms can be directly applied afterward. For that, a documental analysis were made, of the consulta of norm and the principle of direct application consulting the doctrine and jurisprudence as an essential part of the constitutional court, with the end of find patterns between this two norms.