El rol y la legitimidad del juez en la legislación procesal ecuatoriana y el derecho anglosajón: un análisis crítico

Abstract

Abstract: This study offers a thorough and critical analysis of the role and legitimacy of judges within the Ecuadorian procedural legal system, contrasted with the Anglo-American system, with a focus on the United States. It explores how historical and structural differences between these systems affect judicial interpretation, the unification of legal criteria, and legal certainty, all of which influence public trust in the judiciary. Through a historical, doctrinal, and comparative approach, the research highlights the challenges posed by formalism and rigid regulations on perceptions of judicial independence and transparency in Ecuador. By examining case studies and comparing them with the U.S. system, the advantages of oral proceedings, direct engagement, and binding jurisprudential standards become evident as key factors for achieving a more accessible and predictable justice system. The study concludes with practical recommendations tailored to Ecuador s context, emphasizing that strengthening judicial autonomy, predictability, and accessibility is essential to uphold the rule of law and meet the expectations of Ecuadorian society.