Weighting between the Legislative Power and the Executive Power in Ecuador
The country in recent days has lived legal events that have had a strong influence on the national economy. After the events of the month of October (indigenous protests), against the decrees and bills which they sought, according to expressions of the national president "to give an influx to the crisis we currently live", the president decided to take a step back in some of its economic measures, and, in summary, support all your efforts to remedy this problem in the bills that compete, according to the ART. 135 of the Constitutional. But the little parliamentary influence, who are in charge, by constitutional power, of analyzing and creating norms has led to some treated projects becoming filed, causing with this decision the increase in international risk at the international level.
Ecuador’s country risk has reached its highest level in more than four years. Last Friday he closed at 853 points, on Monday of this week, one day after the assembly filed the Government’s economic reform package, it was 1.128 points.
Art. 135.- Only the president or president of the Republic may present bills that create, modify or suppress taxes, increase public spending or modify the administrative political division of the country.
Faced with this historical fact, the problem of knowing what can be about the other is born?; Same that will be elucidated in this essay by determining the characteristics of the two power systems; In addition, the competent functions based on the National Magna Carta; And finally, that power prevails over the other.
The Polito System is "the existing organization in a certain territory for the exercise of political political power". In our country we have features of 2 very characteristic systems of society; First, the presidentialism to which it is characterized by "the greatest attribution of functions to the Head of State and governs, another inequality, in reference to parliamentarism"; and on the side of Parliament refers to "the democratic faculties that allow parliamentarism to choose and contract the head of state and head of government". Faced with these definitions, it can be inferred that the presidential system is characterized by possessing more functions and powers against Parliament; On the other hand, parliamentarism is characterized by having control and more functions in front of the heads of government.
Already in the face of these small doctrinal definitions, it is time to determine what functions each of them compete. Analyzing the functions of the Ecuadorian Legislative Power (Parliamentary Rama), Art 120 of the Constitution, we can determine that its duties and attributions are summarized to administrative, solemn processes, in the best case the creation, modification and repeal of laws; On the other hand, if we frame ourselves in the duties and powers of the president of the country, maximum representative of the Executive Power (Presidentialism), Art 147 of the Constitution, it can be inferred that the President of the Republic has functions more oriented to governance and the nation and the ability to interfere in the legislative process through projects and vetoes. In addition, in the figure of death crosses, art 130 and 148 of the Constitution, we can determine a greater favorability towards the first national president.
Art. 130.- The National Assembly may dismiss the President of the Republic in the following cases:
- For arriving functions that do not compete constitutionally, prior favorable opinion of the Constitutional Court.
- By serious political crisis and internal shock.
In a period of seventy -two hours, concluded the procedure established in the Law, the National Assembly will resolve motivatedly based on the discharge tests presented by the President or President of the Republic.
To proceed to dismissal, the favorable vote of two thirds of the members of the National Assembly will be required. To prosper the dismissal, the vice president or vice president will assume the Presidency of the Republic.
This faculty may be exercised once during the legislative period, in the first three years of the same.
Art. 148.- The President or President of the Republic may dissolve the National Assembly when, in the opinion of it, it would have arrived in functions that do not compete constitutionally, after a favorable opinion of the Constitutional Court; or if she repeatedly and unjustified, she obstructs the execution of the National Development Plan, or by serious political crisis and internal shock.
This faculty can be exercised once in the first three years of your mandate. Within a maximum period of seven days after the publication of the dissolution decree, the National Electoral Council will convene for the same date to legislative and presidential elections for the rest of the respective periods. Until the installation of the National Assembly, the president or president of the Republic may, after a favorable opinion of the Constitutional Court, issue economic urgency decrees-laws, which may be approved or repealed by the legislative body.
Already with clear precepts in relation to the systems of political power, the functions and attributions of these systems in our country (legislative and executive), it is only determined that power has a May force. Under my perspective, I can determine that in Ecuador, the Executive Bran through the normative elements that the Constitution recognizes; This vision is shared by Freidenberg and Pachon "therefore, with the new Constitution (speaks of the 2008 Constitution), hyper -presidentialism is encouraged".
Faced with everything said, we can conclude that the Ecuadorian political system has a mix between the parliamentary political system and the presidential political system, that is, the Executive Power and the Legislative Power; In which presidentialism prevails, this is determined based on the analysis of its functions and some norm that shows that the balance is inclined to the Executive Power. But this does not mean that we are framed in dictatorial model because the legislative power through the democratic power of society is also legitimious to exercise, in a certain percentage, the political power of the nation.
Bibliography
- Grupo Vistazo. (2019). Ecuador’s country risk shoots. Look, 13.
- constituent Assembly . (2008). Constitution of Ecuador. Quito: Study Corporation and Publications.
- FREIDENBERG, & PACHON. (2016). The Ecuadorian political system. Quito: Flacso.
- Pérez, & Gardey. (2016). Definitions of. Obtained from https: // definition.of/system-system/
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