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

Abstract

This research allows understanding, the extent to which neo-constitutional thinking influenced the editing of the 2008 Constitution. Noting that, within this process of constitutional design, there was the contribution of Ecuadorian thinkers who, based on the neo-constitutional theory - born in Europe - proceeded to make a proposal that, adjusted to the Ecuadorian reality 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, besides being attached to academia, are characterized by being close to the activism of social movements; from there, this mixture - knowledge and experience - allowed them to influence the last Ecuadorian constitutional process. The two factors that contributed to the fluency with which the neo-constitutional principles were incorporated into the new Constitution were: political instability that Ecuador was experiencing and the desire to generate significant changes - at the beginning of the mandate - by President Rafael Correa, above all , in relation to the way of understanding and respecting the human being in harmony with nature