Feb 13 • 11:30 UTC 🇪🇨 Ecuador El Universo (ES)

Legal Security: Explained and Not Guaranteed

The Ecuadorian Constitution explains legal security but does not guarantee it with the same emphasis as other rights, leaving it unrecognized and lacking protection against state power.

The article discusses the concept of legal security as outlined in the Ecuadorian Constitution, specifically criticizing the lack of guarantees compared to other rights. It highlights that Article 82 merely defines the content of legal security without asserting it as a right of individuals, unlike Article 66, which explicitly recognizes and guarantees various freedoms. The absence of a strong protective statement for legal security results in unequal treatment among rights within the framework of constitutional law.

Furthermore, the article emphasizes that the distinction between explanation and guarantee is crucial in constitutional law. While Article 66 provides a strong presumption of rights being enforceable against the state, Article 82 falls short by not acknowledging individuals' right to legal security in a manner that provides them protection. This structural difference implies that legal security is treated as a secondary concern compared to other recognized rights within the Constitution.

This lack of recognition and guarantee has significant implications for the enforcement of legal security in Ecuador, as it leaves individuals vulnerable to arbitrary actions by the state. The article argues that without explicit constitutional guarantees, the principle of legal security remains weak and ineffective in providing citizens with a fair legal standing, thus suggesting a need for constitutional reforms to address this imbalance.

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