La muerte cruzada y la estabilidad democrática en Ecuador: pronunciamiento de la Corte Constitucional

Abstract

Abstract: This research analyzes the application of the "cross-death" mechanism (*muerte cruzada*) and its relationship with democratic stability in Ecuador. The study takes as its starting point Article 148 of the Constitution of the Republic and the application of this mechanism via Executive Decree No. 741 of May 17, 2023. It also examines the Constitutional Court's handling of challenges filed against the dissolution of the National Assembly and the review conducted regarding the decree-laws on urgent economic matters issued during the transition period. The research employs a qualitative approach, utilizing analytical, descriptive, and explanatory methods. To this end, the study reviewed constitutional provisions, decisions by the Constitutional Court of Ecuador, comparative jurisprudence, and scholarly contributions regarding the separation of powers and democratic stability. The study concludes that the "cross-death" mechanism can serve as an institutional solution to a serious conflict between the Executive and Legislative branches. However, it acknowledges that the lack of substantive review regarding the grounds of "serious political crisis and internal unrest" raises questions concerning the limits of the presidential decision. Comparisons with Peru and Colombia demonstrate that judicial oversight and electoral oversight can coexist without supplanting one another. Consequently, it is deemed necessary to establish clearer parameters to prevent the routine or strategic use of this exceptional mechanism.