Selection and Judicial Review System of the Constitutional Court: Denaturation of the Faculty?

Abstract

The 2008 Constitution made the Constitutional Court an organ for the creation of constitutional precedents. To that extent, one of its most important faculties is the selection and judicial review of jurisdictional guarantees. However, in this regard, the Court has not clearly stated the scope of its jurisdiction. In fact, it has had contradictory pronouncements and, at times, it seems that it invades other faculties. In this work, a comparative analysis was carried out regarding the Colombian review system in order to know how the issue has been approached in the comparative law. Through the inductive method and the review of some of the judgments reviewed in Ecuador to date, it was established how the Court has understood this power, specifically, in light of the constitutional right to legal certainty. It was concluded that the Court has exceeded its faculty and the necessity for its self-limit.