The Kelsen Pyramid Level Ecuador
The article reflects on the Kelsen Pyramid in the context of Ecuador's constitution and the necessity for legal norms to evolve with societal changes.
The piece begins by revisiting the foundational legal principle of the Kelsen Pyramid, which positions the Constitution at the apex of legal norms. The author recalls their initial exposure to this concept during their first semester of law studies, emphasizing the importance of a clearly structured legal framework, especially in the Ecuadorian Constitution of 1998. They commend the original clarity of this Constitution in articulating fundamental rights, which should be a hallmark of any serious legal document.
As society evolves, the author argues that legal norms must adapt to continued protection of citizens' fundamental rights. They note that the Ecuadorian Constitution has faced challenges and transformations over the years, necessitating updates to reflect contemporary social dynamics. This ongoing evolution signifies the need for lawmakers and legal scholars to engage in constant reflection regarding constitutional relevance and the safeguarding of rights.
Finally, the author expresses a personal reflection on their non-expert status in constitutional law while contemplating the pressures and motivations that drive changes in legal frameworks like Ecuador's Constitution. This contemplation points to broader discussions within legal circles about the balance between adherence to foundational legal principles and responsiveness to societal needs.