State of exception and judicial review in Ecuador

In a constitutional democracy, the state of exception gives way to a regime that legally suspends rights and concentrates powers in the executive. For this reason, Ecuador’s Constitution includes an automatic judicial review of states of exception with strict formal and material limits. This thesis explores the response of the CCE to the decrees that established an exceptional regime during the COVID-19 pandemic. Problems such as the lack of definition of the notion of public calamity as a justification for the decree and its motivational deficiencies gave way to rulings that reviewed their constitutionality and were forced to correct those shortcomings and allowed the extension of the exceptional regime. The pandemic demanded an emergent action in its beginnings, but also the implementation of ordinary measures that allowed a return to normality. After the first renewal of the state of exception, the process of judicial review became deficient and permissive of the exceptional regime.