La legitimidad y conveniencia del control de constitucionalidad a los derechos económicos y sociales por parte de la Corte Constitucional del Ecuador

Abstract

This work analyzes the legal institutions that give legitimacy and convenience to constitutional control in economic and social matters. Being a debate belonging to Constitutional Law, our legal system is not exempt from it -because it establishes a robust constitutionality control that encompasses all legislative activity. A situation that turns even complicated considering economic and social rights which -historically- have been subordinated to a financial component. The elitist and radical position of democracy is describing to address this problem, which deals with the role of the High Court when carrying out control of norms, which are insufficient concerning economic and social rights. Likewise, how Constitutional Judges review norms is studied through a case of the Constitutional Court of Ecuador, which deals with a tax imposition that violates the rights of the elderly and people with disabilities. In short, although there are plausible arguments that support the lack of capacity of Constitutional judges to resolve economic and social policy, it is nevertheless true that legal institutions such as democracy and the distinction of powers in a deliberative context of democracy grant legitimacy and convenience to the constitutional control of economic and social rights