Abstract

ESPINOSA PICO, Pablo Ermely  and  BALAREZO MERO, Orley David. Action of unconstitutionality of regulatory acts in Ecuador. Universidad y Sociedad [online]. 2023, vol.15, n.6, pp. 427-437.  Epub Dec 10, 2023. ISSN 2218-3620.

The Action of Unconstitutionality is a constitutional mechanism in Ecuador that provides a broad active legitimacy for Constitutional Control, in order to strengthen democracy. This research focuses on analyzing the impact of the active legitimacy of the public action of unconstitutionality in the democratization of Constitutional Control since the 2008 Constitution in Ecuador. Theoretical methods such as Analytical-Synthetic, Inductive-Deductive and Historical-Logical were used, as well as empirical methods such as Documentary Analysis, jurisprudential analysis and semi-formal interviews. The results revealed that the admissibility criteria of the Unconstitutionality Action established by the Constitutional Court, which exclude the violation of rights, do not contravene constitutional principles. Priority and flexibility in the resolution of cases do not lead to arbitrariness. Through the jurisprudence, it is considered reasonable to have a broader and more flexible framework in public actions of unconstitutionality, giving priority to the public interest in exceptional cases. The State must improve its policies and commit itself to provide citizens with the necessary tools, encouraging participation for an effective exercise of the Democratic Constitutional Control.

Keywords : Democratic mechanism; Public action of unconstitutionality; Constitutional control; Active legitimacy; Citizen participation.