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Dilemas contemporáneos: educación, política y valores

On-line version ISSN 2007-7890


NEVAREZ MONCAYO, Juan Carlos; GAVILANEZ VILLAMARIN, Silvia Marisol; CLEONARES BORBOR, Aurelia María  and  SANCHEZ PEREZ, Lourdes del Rocío. Analysis of the jurisprudential precedent in the constitutional concentrated control of the Ecuadorian juridical system. Dilemas contemp. educ. política valores [online]. 2021, vol.8, n.spe4, 00039.  Epub Sep 20, 2021. ISSN 2007-7890.

This research is related to the constitutional supremacy that covers the Supreme Law of the State and the control of constitutionality that is exercised in the current legal system. As the closest antecedents we refer to the English jurisprudential precedent contained in the Bonham case; and on the other hand, the case "Marbury vs. Madison" in the United States. The objective of the investigation was to analyze the jurisprudential precedent of control concentrated in Ecuador, provided for in the Constitution. Due to its focus and scope, the research is qualitative, based on a comparative study, while the 1998 Constitution contained a diffuse or North American control; different from what was embodied by the Montecristi constituent, which brought with it a concentrated European-style control.

Keywords : jurisprudential precedent; constitution; constitutionality control; constitutional supremacy; legal system.

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