El proceso constituyente en Ecuador: análisis de los límites materiales y procedimentales.

Abstract

This research analyzes the constituent process in Ecuador, with particular emphasis on the limits established in relation to the branches of law and the type of procedure that must be observed to guarantee its democratic legitimacy and legal validity. The 2008 Constituent Assembly consolidated the constitutional state of rights and social justice, in which constituent power is recognized as a popular and sovereign authority, but not exempt from limits that prevent its arbitrary use. Furthermore, this work focuses on examining the normative content of Articles 441 and 444 of the Ecuadorian Constitution, as well as the jurisprudence of the Constitutional Court regarding the exceptional nature of derived constituent power. This analysis considers the material limits linked to the protection of the core of human rights, along with the procedural demarcations that require mechanisms for participation and legal oversight. The methodology employed is qualitative, dogmatic, and analytical, based on normative interpretation, doctrinal study, and the analysis of recent cases. Therefore, as part of the corresponding work, it will be complemented with the conclusion, which maintains that the establishment of material and procedural limits is essential in the preservation of constitutional supremacy, in order to guarantee a transition aimed at remedying any type of eventuality of structural change, willing to guarantee any constituent process derived from automatically responding to the will of the people; and avoid undue political uses of constituent power.