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ISSN: 1390-440X    frecuency : 4   format : Electrónica

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Volume 5 Number Vol 5 (2016) Year 2016

16 articles in this issue 

José Luis Castro Montero, Luis Santiago Llanos Escobar, Pablo Sebastián Valdivieso Kastner, Wladimir García Vinueza

Since 2008, the Ecuadorian Constitution introduced several changes in the institutional layout of constitutional mechanisms intended to protect fundamental rights. The present work analyzes protective action (PA) —acción de protección—, a constitutional g... see more

Pags. 9 - 43  

María Guadalupe Márquez Algara, José Carlos De Villa Cortés

This paper describes the origin and development of the mediation in Mexico, a procedure that is currently gaining great force in that country. However, its beginning dating from 1997 had a certain problematic since the mediation did not begin as a nationa... see more

Pags. 45 - 68  

Maria Cimmino

Nowadays, people engage in fun and exciting activities, which are risky, knowing that they might be injured, or incur some type of property damage.Sports and physical activities could also be dangerous for people’s health and safety, because it often has ... see more

Pags. 69 - 103  

Gustavo Arosemena

The article presents a critique of the egalitarian political philosophy of Ronald Dworkin in light of two alternative conceptions of equality. First, in light of a political conception of equality based on the thoughts of Thomas Hobbes. Afterwards, in lig... see more

Pags. 105 - 131  

René Bedón Garzón

The Constitution of the Republic of Ecuador of 2008 has established rights in favor of the nature, including constitutional reserves for its creation. During these years, these rights have been better defined by legislation and jurisprudence, as it is sho... see more

Pags. 133 - 148  

Gabriel Galán Melo

Since 2000, social rights have gained prominence in our countries (Andean countries), inside the Doctrine, and in the worldwide and regional organizations, for the protection of human rights. These have been raised as apparent leveling mechanisms between ... see more

Pags. 149 - 160  

Vicente Solano Paucay

In order to define some of the main elements of neo-constitutionalists theses, we must ask ourselves some fundamental questions that can help us to distinguish the relationship between this “tendency” and traditional legal theories. These questions will a... see more

Pags. 161 - 172  

Jorge Benavides Ordóñez

The purpose of the paper is to account for the importance attributed by the constitutions inspired by the so-called new Latin American constitutionalism to popular participation in matters of constitutional changes. To that extent, the analysis will be ca... see more

Pags. 173 - 188  

Mónica Ribadeneira Sarmiento

Environmental Law, recognized as such, is one of the most modern branches of law and the study of its history and evolution divides the authors. Based on a historical review, the article presents the concept and principles of environmental law and conclud... see more

Pags. 189 - 207  

Hernán Olano García

With the objective of highlighting the value of the fundamental right within the fundamental rights, according to the Political Constitution of Colombia (and other constitutions) and, within its line of research in history of the institutions-I, the autho... see more

Pags. 209 - 216  

Sebastián Cornejo Aguiar

The objective of this article is to determine the need for the existence of a punitive and a guarantor party within the Integrated Criminal Code, starting from the study of the doctrinal updating in criminal matters within the Ecuadorian legal system cons... see more

Pags. 217 - 227  

Andrés López Rivera

In the past few decades, the proliferation of a “third sector” of nongovernmental and non-profit organizations that operate across borders has prompted a reformulation of the concept of civil society. A number of contemporary studies contend that the prev... see more

Pags. 229 - 242  

Javier Ribadeneira Sarmiento

Among the rights enshrined in our Constitution is the right to personal identity, which is also considered a human right and inalienable of every person since birth. Under the guideline of this right, the article presents a comparative analysis between th... see more

Pags. 243 - 257  

Joël Hautebert

The study of the creation of the Registry Office of people and of its linkages with the Church’s sacraments gets us right to the heart of legal, political and religious paramount issues. The comparison of recent French and Ecuadorian histories, two histor... see more

Pags. 259 - 272  

Juan Carlos Benalcázar Guerón

The main objective of this work is to observe the innovations posed by the COGEP in the administrative contentious process and to detect the deficiencies that remain of the previous legislation.For these purposes, the methodology that will be used, fundam... see more

Pags. 273 - 290