Examinando por Autor "Domínguez Delgado, Juan Sebastián"
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- ÍtemSolo MetadatosAnálisis del hiperpresidencialismo en la Constitución de la República del Ecuador a raíz de la teoría del neoconstitucionalismo(Universidad Católica de Cuenca., 2023) Gallegos Misacango, Nathaly Catalina; Domínguez Delgado, Juan Sebastián; Vintimilla, César Patricio; 0105946115; 0106057631The neo-constitutionalist theory, the current Constitution of Ecuador, and the historical political events of Ecuador in the last two decades led to analyze the relationship that exists between the attributions of the executive power (strictly of the President), in contrast with the various influential constitutionalist theories of Modernity and Postmodernity. In this sense, it was observed that, in the 18th century, the Enlightenment theories emerged as a rejection of monarchy; these theories were the pillars for achieving the deconcentration of governmental powers and set a historic breakthrough. The separation of powers, however, was not enough for oppressed societies, so Marxist theory appeared to fight for social rights and their recognition in constitutions. On the other hand, the strengthening of legal positivism and its misuse by fascism and Nazism, as well as the non-materialization and ineffectiveness of the positivism of rights in the Constitution, originated the theorization of neo-constitutionalism to exalt human dignity. Ecuador evolved historically, reflecting social struggles in previous constitutions up to the present one. The organic structure of the current Constitution and its neo-constitutionalist foundation led to deduce that hyper-presidentialism is an uncontrolled phenomenon in our Constitution due to the very essence of neo-constitutionalism; this situation does not detract from the fact that its exercise always depends on the values, ethics, and morals of the President- in-Office.