Abstract

ROSERO MORAN, Cristina Mercedes. Populism against the rule of law doctrine and its glance with neo-constitutionalism in Ecuador. Revista InveCom [online]. 2024, vol.4, n.2, e040223.  Epub May 24, 2024. ISSN 2739-0063.  https://doi.org/10.5281/zenodo.10562986.

In the operation of populism against the rule of law, a tense analogy projected to the meaning of neo-constitutionalism is generated, surrounding various versions that emphasize the non-existence of morality in politics and the position of power in the elites, neutralized through the management of the Constitutional Courts with influence on the rights and guarantees as maxims of interpretation in their competences; argument in which it was possible to scientifically unveil the precepts of populism against the rule of law rooted in the State and its glimpse with neo-constitutionalism in Ecuador to analyze power phenomena, and in such a position discuss the most select results; using a modality of mixed research -quantitative and qualitative-, cross-sectional design, dogmatic, documentary and theoretical legal type, descriptive scope, and analytical-synthetic and inductive-deductive theoretical methods; investigative platform that responded to the understanding of the neo-constitutionalist foundation in the mandate and management of power of the High Courts, so that in its development it does not reach iniquities and transgressions of legal certainty, from rulings that do not grant authority to other functions of the State , up to the limit generation of new rights and ways of interpreting in the administration of constitutional justice, through particular rules for constitutional principles that glimpse what material law is capable of achieving from the Constitution and the law.

Keywords : populism; rule of law; neoconstitutionalism; power limit; High Courts.

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