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Revista Universidad y Sociedad

On-line version ISSN 2218-3620

Abstract

CUEVA GAONA, Cristhian Jonathan; UYAGUARI CASTILLO, Byron Eduardo  and  CAMPOVERDE NIVICELA, Luis Johao. Influence of Anglo-Saxon and Civilist control models in the development of constitutional control in Ecuador. Universidad y Sociedad [online]. 2019, vol.11, n.5, pp.206-216.  Epub Dec 02, 2019. ISSN 2218-3620.

The control of constitutionality is in a state of rights, it is the most important tool of state power control, an imperative guarantee of the balance of powers and an indispensable budget for the real validity of the principle of constitutional supremacy. The different control models that have been developed throughout history and in the different scenarios of the world, have helped Latin American states like Ecuador adopt one or more models that ensure their objectives, basically the full enforcement of the rights that its constitutional texts have enshrined. In the Anglo-Saxon or diffuse control system, the Judges must apply the norms of greater hierarchy, leaving aside those of lower hierarchy and carry out the constitutionality control of the norms. In the concentrated European civilist system, there is a jurisdictional authority that focuses its work on the correct application of the Constitution, a specialized body also considering that the unconstitutionality and invalidity of the rule cannot be determined and declared by any judge as a simple manifestation of its power.

Keywords : Control models; constitutionality; control system; civilist.

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