The “Constitutional Block” in Human Rights Beyond the Constitution

Abstract

Although in Comparative Law the constitutional block has been object of discussion for more than three decades, in our country its treatment is still a novelty. Its theoretical and practical importance is enormous, and undoubtedly, it has been potentiated by the promulgation of the new Constitution, which has been catalogued as new, due to the fact that it declares Ecuador as a Constitutional State of rights and justice. Over the basis of this premise, the article contains a comparative historical study of the constitutional block, deriving in a critical exercise that in conjunction with the analysis of the constitutional remission clauses and the Ecuadorian jurisprudence, intends to build a definition and establish an original content applicable in our juridical system, warning the reader of the opportunities and risks of this definition.