Diversity of theoretical sources in the ecuadorian constitution

Abstract

Introduction:
One of the greatest challenges for justice operators in any society is the lack of understanding of the genesis, scope, and meaning of the norms governing their people, especially when these have constitutional status. This lack of comprehension can undermine the effectiveness of the legal system, rendering it merely declarative and inert instead of an effective structure for collective life and the exercise of fundamental rights.
Methods:
While an empirical study on the application of the Ecuadorian Constitution in the ordinary and special jurisdictions since its enactment in 2008 can be conducted, the results would be largely quantitative. Therefore, it is essential to carry out a theoretical, historical, critical, and analytical study of the foundations that support the Ecuadorian constitutional proposal to understand its true impact on the legal system.
Results:
Only through rigorous analysis is it possible to assess the nature and scope of the Constitution, ensuring that it functions as a substantive and effective norm. Its proper application is crucial to consolidating a constitutional state of rights and justice, where fundamental principles and guarantees are not only formally recognized but also effectively enforced.
Conclusions:
In this context, the prevailing philosophical and theoretical currents of contemporary law that influenced the Ecuadorian Constituent Assembly are examined, with Garantism and Principlism standing out as the dominant approaches shaping the current legal framework.