La corte constitucional y el dictamen previo como requisito fundamental para la convocatoria a consultas populares.

Abstract

From the conception of the ecuadorian state to welcome the neoconstitutionalist current from the year 2008, was seen in a constitutional crusis way to consider the human being as a fundamental and priority part of constitutional protection, so one of the biggest problems facing the Constitutional Court of Ecuador is the term established by the Organic Law of Jurisdictional Guarantees and Constitutional Control in its Article 105, which establishes a fatal term of 20 days for the maximum body of constitutional control to issue its prior and binding opinion on constitutionality to give step to popular consultations. For the development of this research, the mixed modality has been adopted, that is, qualitative, interactive category, and non-interactive, and the Case Study design will be applied, in which the current role of the Constitutional Court in matters of control will be investigated. constitutional and its issuance of prior and binding constitutionality rulings. We have taken as a sample the previous criteria of constitutionality on this issue, analyzing this legal situation brings as a consequence a constitutional debauchery by framing a serious and more transcendent debate to the constitutional magistrates when giving way to situations of appreciable importance in the conjunctural decisions of the democratic life of the country in case of not issuing its pronouncement in the time considered. This term conditioning that must be fulfilled by the governing body of the Constitution in Ecuador, contemplates several scenarios regarding an existential contradiction in the neo-constitutionalism between the magna carta issued by the Constituent of Montecristi in 2008 and the very peculiar but formal Organic Law of Jurisdictional Guarantees and Constitutional Control, by establishing the first as a condition sine qua non the prior opinion of constitutionality in matters of vital importance for the full development of our constitutional system and the aforementioned law framing an administrative term for compliance with the decisions adopted by the executive function, the decentralized autonomous governments or the citizen's requirement.