Abstract

CHUGA-CEVALLOS, Juan Carlos; MONTECE-GILER, Salomón Alejandro  and  INFANTE-MIRANDA, María Elena. Legal certainty and the president's discretion in Article 148 of the Constitution. Noesis [online]. 2025, vol.7, n.esp2, pp.518-534.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.602.

The discretionary power granted to the president under Article 148 of the Constitution of Ecuador allows him to dissolve the National Assembly in cases of usurpation of functions, unjustified obstruction of the National Plan, political crisis, or internal unrest. This power generates legal and democratic tensions that require analysis. The study aimed to critically examine the directional use of this power in order to safeguard the principle of legal certainty. Analytical-synthetic, historical-logical, and inductive-deductive methods were used. Documentary analysis and interviews with lawyers, judges, and prosecutors were also conducted. The results show that the rule concentrates excessive power in the president, unbalancing the democratic structure of the state by allowing him to dissolve a body elected by popular vote. It is concluded that a constitutional reform is necessary to regulate and delimit this power more precisely, guaranteeing institutional stability and respect for democracy.

Keywords : Serious political crisis; internal unrest; right to legal certainty; presidential discretion..

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )