Constitutional rigidity in the face of the amendment in Ecuador

Abstract In recent years, in the country different processes have been activated in the constitutional reform aimed at founding the reelection of the president indefinitely, allowing with this action that the same person postulates for the presidency of the Republic without any restriction, and it is there where a series of inconveniences have arisen, because according to the Constitution, there are two reform procedures, the first and perhaps the most democratic in which the main actors are the citizens, since through a referendum they approve or reject its implementation. While a second option falls on the initiative of the people who make up the National Assembly, which breaks the principle of constitutional rigidity and directly violates democracy as a system of government and participation. With this background, the objective of the study focuses on demonstrating that the application of an amendment violates citizens' rights, for which it was necessary to analyze specific cases in the country. Therefore, the methodology used focuses on a qualitative approach of bibliographic order. Based on the above, as part of the conclusions, it can be seen that changes to the constitutional text always try to benefit the predominant political groups, instead of protecting the constitutionalized rights of citizens, being this behavior what ends up altering the stability of democracy.

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Main Authors: Yánez Olalla,Telmo Elías, Chacón Abarca,María Concepción, Bonilla Alarcón,Luís Alfonso
Format: Digital revista
Language:Spanish / Castilian
Published: Universidad Tecnológica Israel 2021
Online Access:http://scielo.senescyt.gob.ec/scielo.php?script=sci_arttext&pid=S2631-27862021000400041
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spelling oai:scielo:S2631-278620210004000412022-04-05Constitutional rigidity in the face of the amendment in EcuadorYánez Olalla,Telmo ElíasChacón Abarca,María ConcepciónBonilla Alarcón,Luís Alfonso constitución enmienda reelección rigidez constitucional vulneración de derecho. Abstract In recent years, in the country different processes have been activated in the constitutional reform aimed at founding the reelection of the president indefinitely, allowing with this action that the same person postulates for the presidency of the Republic without any restriction, and it is there where a series of inconveniences have arisen, because according to the Constitution, there are two reform procedures, the first and perhaps the most democratic in which the main actors are the citizens, since through a referendum they approve or reject its implementation. While a second option falls on the initiative of the people who make up the National Assembly, which breaks the principle of constitutional rigidity and directly violates democracy as a system of government and participation. With this background, the objective of the study focuses on demonstrating that the application of an amendment violates citizens' rights, for which it was necessary to analyze specific cases in the country. Therefore, the methodology used focuses on a qualitative approach of bibliographic order. Based on the above, as part of the conclusions, it can be seen that changes to the constitutional text always try to benefit the predominant political groups, instead of protecting the constitutionalized rights of citizens, being this behavior what ends up altering the stability of democracy.info:eu-repo/semantics/openAccessUniversidad Tecnológica Israel Revista Científica UISRAEL v.8 suppl.1 20212021-12-01info:eu-repo/semantics/articletext/htmlhttp://scielo.senescyt.gob.ec/scielo.php?script=sci_arttext&pid=S2631-27862021000400041es10.35290/rcui.v8n1e.2021.481
institution SCIELO
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country Ecuador
countrycode EC
component Revista
access En linea
databasecode rev-scielo-ec
tag revista
region America del Sur
libraryname SciELO
language Spanish / Castilian
format Digital
author Yánez Olalla,Telmo Elías
Chacón Abarca,María Concepción
Bonilla Alarcón,Luís Alfonso
spellingShingle Yánez Olalla,Telmo Elías
Chacón Abarca,María Concepción
Bonilla Alarcón,Luís Alfonso
Constitutional rigidity in the face of the amendment in Ecuador
author_facet Yánez Olalla,Telmo Elías
Chacón Abarca,María Concepción
Bonilla Alarcón,Luís Alfonso
author_sort Yánez Olalla,Telmo Elías
title Constitutional rigidity in the face of the amendment in Ecuador
title_short Constitutional rigidity in the face of the amendment in Ecuador
title_full Constitutional rigidity in the face of the amendment in Ecuador
title_fullStr Constitutional rigidity in the face of the amendment in Ecuador
title_full_unstemmed Constitutional rigidity in the face of the amendment in Ecuador
title_sort constitutional rigidity in the face of the amendment in ecuador
description Abstract In recent years, in the country different processes have been activated in the constitutional reform aimed at founding the reelection of the president indefinitely, allowing with this action that the same person postulates for the presidency of the Republic without any restriction, and it is there where a series of inconveniences have arisen, because according to the Constitution, there are two reform procedures, the first and perhaps the most democratic in which the main actors are the citizens, since through a referendum they approve or reject its implementation. While a second option falls on the initiative of the people who make up the National Assembly, which breaks the principle of constitutional rigidity and directly violates democracy as a system of government and participation. With this background, the objective of the study focuses on demonstrating that the application of an amendment violates citizens' rights, for which it was necessary to analyze specific cases in the country. Therefore, the methodology used focuses on a qualitative approach of bibliographic order. Based on the above, as part of the conclusions, it can be seen that changes to the constitutional text always try to benefit the predominant political groups, instead of protecting the constitutionalized rights of citizens, being this behavior what ends up altering the stability of democracy.
publisher Universidad Tecnológica Israel
publishDate 2021
url http://scielo.senescyt.gob.ec/scielo.php?script=sci_arttext&pid=S2631-27862021000400041
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