Abstract

BENAVIDES ORDONEZ, JORGE  and  ESCUDERO SOLIZ, JHOEL. Concrete control of constitutionality and the same sex civil marriage in Ecuador. Rev. Derecho Estado [online]. 2020, n.47, pp.145-175.  Epub Jan 28, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n47.05.

The article is about the constitutional recognition of same-sex marriage in Ecuador. Study, in this sense, the factual, legal and interpretative contents developed by sentences 010-18-CN and 011-18-CN, issued by the Constitutional Court of Ecuador. Thus, the importance of constitutional decisions that pose a transformation in constitutional interpretation, which has traditionally been adjudicating legal responses to easy or difficult cases from the literal interpretation, and instead proposes, a progressive construction of the decisionmaking process is highlighted. Constitutional decisions, from a dynamic and integral dimension based on the Constitution and the International Human Rights Instruments. Finally, the study shows the interpretative disagreements pertaining to the case, analyzing the reasons why this right was recognized via constitutionality control and not through amendment of the Constitution.

Keywords : Constitutional Court; Concrete constitutional control; Constitutional sentences; Constitutional interpretation; Constitutional block; Same sex marriage.

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