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The powers of the State in Ecuador
In this essay, the contrast of the classic powers of the State will be studied, with reference to the five functions of the Ecuadorian State, where I will be explaining each of these. They have been called classics because where it comes from a democratic theory and thus power does not fall into a single function. John f. Kennedy (1925) affirms "if there were more politicians who knew about poetry, and more poets that understood politics, the world would be a little better place".
These contain a set of tools that are generated by the State, so that arbitrariness and tyranny are avoided, thus ensuring the guarantees of citizens. Marienhoff (1974) affirms "the responsibility occurs when the public agent performs his competences irregularly".
The powers of the State are classified as legislative, executive power and judiciary, making each of these three know will always have to go union so that a State can work.
The Legislative Power is the one that lives in the competence of being able to develop and change the laws, taking care of the regulation of the rights, duties and obligations of citizens, which are stipulated in the Constitution.
The Executive Power guarantees that the laws that are developed in the Legislative Power have been respected and complied. The Judiciary is the one who allows the administration of justice, which occurs through the application of laws. For this to be executed correctly, it is necessary that these three institutions exist and thus be able to create laws that in turn regulate the conduct of society.
The Legislative Power has as a function, legislate and control. It is responsible for the creation of laws and all its elaboration process until the day that is published in the Official Registry, regarding its elaboration process is accredited in the Art. 133 to art. 139 of the Constitution of the Republic of Ecuador. To carry out a bill, it is necessary to contain the following requirements: they must refer to a single subject, they will be presented to the president or president of the National Assembly, that there is sufficient exposure of reasons and the articulated that are proposed, repealed or reforming anew law, as established by art. 136 of the Constitution. For the approval of a bill, the first filter to analyze it will be the CAL (Legislative Administrative Commission) that is made up of: a president, two vice presidents and four vowels. It is part of one of the three classic powers of a State, this differs from the Executive and Judicial Power because they deal with the administrative part of the law and its interpretation. It resides in a Legislative Assembly, formed by 137 assembly members, these are distributed in 12 permanent commissions, which have been selected by citizens through free, universal and secret popular vote. Each and every one of these work on each. In an emergency case, the conference can corroborate, depose or even investigate any political person in their functions.
The accumulation of all powers, legislative, executive and judicial, in the same hands, whether of a person, of few or many, and whether hereditary, self-proclaimed or elective, can occur with justice as the same definition of tyranny. (James Madison, 1794) This power is important in a democratic republic, because it is an important balance for the rest of powers.
In the Executive Power, also known as administrative power, it is one of the branches of the classical public power, which is accompanied by the Legislative Power and Judiciary. This differs with others because they are decision -making objectively and democratically, since it exercises its function as an administrator and executor of the popular will presented. It is normally exercised by a head of state, who can be a president and if he is absent, the vice president is involved to take the position. This power is divided into two: central public administration and institutional public administration.
- Central Public Administration is the public organizations system, it puts citizens with public services, fulfilling their social interests efficiently.
- Institutional public administration is an agency that must be created based on a law. Which must have an autonomous legal personality, have its own capital.
Its form of renewal is based on democratic regimes, it is popular deliberation, and there are two ways to do so and is directly or indirectly. It is directly when you are chosen who is going to take office, and indirectly is when you are chosen to select the position.
In democratic countries, the power of citizenship is the one who assigns this power, in the other totalitarian regimes, they can be succession, as well as the power of parents to children is transmitted.
In the Judiciary, it is responsible for making the stipulated in the law comply, it is dedicated to studying, interpreting and exercising with the above, it applies only in situations that are intimidated. This power is what makes the highest authority of legal issues personify, that is, the judicial and final decision in relation to the interpretation and application of the law. The Judiciary is made up of a set of judges, courts and lawyers. All of them work in the solutions according to the laws of the problems that are broken down into operation of the Republic.
It is composed of different legal powers that are expressed in the Constitution, at a general height, and occurs in court or in the courts, where there are judges who are experts in different areas.
This power is responsible for the administration of justice, this means that no other person can give judicial decisions for or against the legal problem found. Not even another public power can supplant its functions.
It is an essential power for the passive development of the republics, which is believed as a solid faculty of impartial justice, in which citizens can believe in public order. Javier Sicilia (1998) states “if we do not have police, judges, lawyers, prosecutors, honest, courageous and efficient;If they surrender to crime and corruption they are condemning the country to the most desperate and atrocious ignominy ”. Since if justice is unstable, the political system will fail.
The Constitution of the Republic of Ecuador, accepted in 2008, created a new form of distribution of the State creating five functions: legislative, executive, judicial, transparency and social, and electoral control.
The contrast that exists is that the function of transparency and social control, has been created based on article 1 of the Constitution, in order to determine that the people are the one who commands, being the first public inspection in the realization of their right to their right tothe participation.
The transparency and social control function is made up of: the Council of Citizen Participation and Social Control, Ombudsman, Comptroller General of the State and Superintendencies.
It must be clear that the Ombudsman does not apply in all matters, only in: Flagrance of gender, transit and flagrance crimes, in children and family, in the workplace (but only apply in the worker), domestic violenceand jurisdictional and criminal guarantees.
Superintendencies are organisms that control, monitor, audit and supervise an economic or social sector, in Ecuador there are the following:
- Superintendence of Companies, Securities and Insurance, are the ones who monitor and control the activities in operation of liquidation of securities companies, through regulations and services.
- Superintendence of Banks and Insurance, aims to ensure financial security, through supervision in order to protect the interests of citizens.
- Superintendence of Popular and Solidarity Economy, seeks the stability of the economic sector.
- Superintendence of Market Power, supervises and controls the correct development of market functioning preventing monopolies, tyranny and arbitrariness.
- Superintendence of Information Communication, this agency audits the regulation of information and communication, with legal personality, own assets and administrative autonomy.
- Superintendency of Territorial Planning, Use and Management of Land, is responsible for controlling every territorial process in every field, carried out by the decentralized and metropolitan autonomous governments outside their powers.
The electoral function is valid for four years when an authority enters power, being its main organism the National Electoral Council, together with the Contentious Electoral Court, where they both join forming the electoral function.
Constituted by seven members of political forces, enjoys financial and administrative autonomy. It has as main functions organize, control the elections and sanction those who violate the electoral standards.
To close this work, we will put in contrast the classic powers of a state, with the two functions added in Ecuador in 2008. The Legislative Power is responsible for the approval and creation of the laws, the Executive Power guarantees that said laws are fulfilled by the company, and the Judiciary is the one who manages the correct application of the law. The creation of the transparency and social control function has been created to guarantee the rights of citizens and that democracy continues to be promoted, and that it can be appreciated that power resides in the people. Confucius (591 A.c.) confirms “in a well -governed country, poverty must be inspired. In a poorly governed country, we must inspire wealth ”.
He takes care of verifying the participation of citizens in all government decisions. The electoral function is the one who controls and audits that this right that all citizens have to the free and secret universal vote. In this way there is a true sense of what citizen participation and social control is.