The Constitutional History of Ecuador

Resumen

Abstract This chapter provides an overview of the constitutional history of Ecuador as well as some details on the current structure of the country’s 2008 Constitution. The fact that Ecuador has associated political change with constituent movements has translated into twenty constitutions with one common characteristic: their inability to fulfil the transformations promised. The chapter begins by reviewing the constitutional history of Ecuador, from before its independence to the present. It then turns to the current Ecuadorian Constitution, approved in Montecristi, Ecuador, in 2008, which has been the subject of praise and criticism by scholars studying neo-constitutionalism and Andean constitutionalism. Focusing on what makes this Constitution distinct, the chapter describes its main provisions regarding rights, the separation of powers, territorial distribution of power, and constitutional reform. It concludes by examining the characteristics of constitutional review by the judiciary and constitutional scholarship in Ecuador.