Based on the principle that law is social, constitutional provisions must be guided by properly articulated popular sentiments and demands that are fully developed, and then legislative bodies must step into action. If societies are in constant transformation, in a democratic state system there must be reciprocity between social changes and immediate constitutional and legal legislative changes. Proposals for social change will come from many layers of society with different aspirations which, if not met, create a gap due to increasing pressure.

Death… prophesied

Our Constitution of 2008 fooled the country with its collection of human rights and systems to defend them, but in the long run it did little good, and rather protected drug dealers and criminals at the expense of citizens. An example is the expiration of preventive detention, with which the defendants are ordered to be released if the sentence is not pronounced within 6 months or a year, knowing that in the congested judicial system it was impossible to respect it, nor can it be respected now despite hundreds of appointed judges. They used to create a scandal, now they are silent in the face of hundreds of statute of limitations cases and the consequent acquittal of criminals. Also, in my opinion, the principle of the presumption of innocence is not that those who commit illegal acts are shamelessly declared innocent, but that judges and prosecutors who judge criminal cases act on the basis of what is stated in the trial, which assumes that the person appearing before innocent until the verdict is pronounced by the court, and the prosecutors prove their guilt through the oral accusation system. And this Constitution, with an excess of rights and without considering the way in which these rights will be regulated, when an action violates the rights of others, endangers citizens.

The Constitution finally

Our Constitution of 2008 excited the country with its collection of human rights…

On the other hand, the current Ecuadorian constitution is too regulatory. Administrative acts must be governed by complementary rules that should not be constitutional matter, but all that and much more has gone unnoticed.

The birth of the constitutional state

What is in the background is the constitutional order of authoritarian government, which abhors all forms of separation of powers and establishes government functions with which it can permanently control the people and the state. It is no longer the old absolutism, but a new form of authoritarian government which he manages, together with faithful servants, who through the permissibility of corruption from all spheres of government – executive, legislative and through a combination of political movements – give instructions directly and dominate the judicial system, degraded to departments of simple geographical unit of the Judicial Council, as in Cuba.

Not to mention the loopholes that exist in the Constitution, such as the cross of death, which allows the president to issue economic decrees approved by the Constitutional Court, and leaves unresolved questions about the governance of the country. (OR)