Finally a Constitutional Court?: Brief review of human rights development and judicial review in recent jurisprudence (2019-2020)

Abstract

This work encompasses the most salient judicial decisions issued by the Ecuadorian Constitutional Court along its first year in office. The ECC exercises strong constitutional review, i.e., its interpretation of the constitution is binding and it cannot be overturned by other powers. In this context, the ECC has not only advanced constitutional rights, but also reversed some of its previous rulings. In the first section we survey rulings that advanced equality, freedom of expression, freedom of movement, political rights, collective rights and the right to health and to social security. The second section comprises decisions concerning judicial review of constitutional amendments, referendum, legislation and international treaties. Finally, we conclude by pointing out ECC´s challenges towards achieving hermeneutical consistency and a certain degree of independence and institutionalization.