New Notions in the Ecuadorian Constitutionalism

Abstract

In order to avoid a formal transformation and conduct a substantial constitutional conversion, it is necessary to generate a new theoretical construction to support structural values of the new Ecuadorian constitutionalism such as the Sumak Kawsay and justice. These new constitutional notions are a motivation to transform the practice of law in the Ecuadorian jurisdictional system, the traditional exercise of law is not enough for the new exigencies of the current constitutional system. Finally, it is important to identify that these changes will face resistance in practice, and therefore, will require creativity in order to cause a real transformation. This circumstance is close to the integral reparation, which involves the exercise of justice not as an ideal reserved only for theorization, but as an aspiration that requires materialization.