Poder judicial, democracia y paradojalidad: los presupuestos ideológicos y filosóficos detrás de la controversia entre la Corte Constitucional y el Ejecutivo

Abstract

Abstract: This research analyzes the constitutional oversight of initiatives by the Ecuadorian Executive Branch from an interdisciplinary perspective that integrates political philosophy, the philosophy of law, ideology theory, and power theory. Drawing on Chantal Mouffe s paradox of liberal democracy, Kelsen s notion of "objective meaning," and the contributions of Adorno, Lacan, i ek, Foucault, D Auria, and Cárcova, the study posits that constitutional oversight constitutes a site of contestation over the meaning of the legal extending beyond its technical dimension. Through a qualitative analysis of Constitutional Court rulings and opinions issued between November 2023 and July 2026, the research examines presidential objections based on unconstitutionality, public actions challenging constitutionality, and constitutional reform initiatives promoted by the Executive. The findings reveal interpretive controversies regarding the separation of powers, state structure, equality, dignity, public spending, and reasonableness. The study concludes that resolving these controversies presupposes philosophical and ideological stances and that legal technique does not neutralize the political dimension of constitutional interpretation; rather, it operates within power relations that shape the meaning and legitimacy of the law.