The Constitutional Court of Ecuador. Is it the Sixth Power of the State?

Abstract

With the emergence of Postpositivism, guarantees constitutions emerged, such as the Constitution of the Republic of Ecuador of 2008 (hereinafter CRE), in which the creation of the Constitutional Court (hereinafter CC) was established as the highest body of control, interpretation and administration of constitutional justice. This research aims to analyze the position of the CC and the influence it exerts against the actions issued by the different organs of the State functions. For which it is analyzed if the CC has recognized rights to groups and minorities and has exercised control over legislative production. The main question that this work seeks to resolve is whether the CC, by itself, is at the same level as the five functions of the State.