The Beginning of the “Checks and Balances” in the Ecuadorian Contemporary Constitutionalism

Abstract

This paper reviews the beginning of the division of power and the “checks and balance”, which controls itself in the Constitutional branch of the Law. You consent that the distribution of the power and the control that is exercised between the public organisms is fundamental to guarantee the rights of the personas and to form a State, it is necessary to analyze his origin and importance with the modern State of Law. In addition, to establish some of the pathologies for which it crosses the beginning of the distribution of functions. Of equal way, to determine which is the transverse axis by which there is guided the Theory of the Rational Choice, in relation to the public power. Therefore the investigation is of character exploratory, since it checks the literature and doctrine on which it turns on the beginning, and in a particular way, studies the application of the beginning con-cerning the Constitution of the Ecuador of 2008.

KEYWORDS: checks and balances, separation of power, rule of law, public power, rational choice.

JEL CODE / CLASIFICACIÓN JEL: C52, M51