Neoconstitucionalismo y su incidencia en la elaboración de la Constitución ecuatoriana de 2008

Abstract

Abstract: This research allows us to understand, to what extent neoconstitutional thinking influenced the drafting of the 2008 Constitution. Highlighting that, within this constitutional design process, there was the contribution of Ecuadorian thinkers who, based on the Neoconstitutional theory -born in Europe - They proceeded to make a proposal that, adjusted to the reality of Ecuador and the Andean region, became a key contribution when structuring the catalog of rights and guarantees of the current constitutional text. These neo-constitutional thinkers, in addition to being linked to the academy, are characterized by being close to the activism of social movements; hence, that mixture -knowledge and experience- allowed them to influence the last Ecuadorian constitutional process. The two factors that contributed to the fluidity with which the neo-constitutional principles were incorporated into the new Constitution were: political instability that Ecuador had been experiencing and the will to generate significant changes - at the beginning of the mandate - on the part of President Rafael Correa, especially , regarding the way of understanding and respecting the human being in harmony with nature.