The principle of proportionality as a canon of constitutionality: an approach to the Ecuadorian case
Abstract
Because a range of the legitimacy of the exercise of jurisdictional functions can be assessed through the use and the implementation of certain parameters or objective canons of the constitutionality control, such as the principle of proportionality, an analysis of that instrument may be relevant in order to justify a degree of national intervention and controllable by the court over the work of the legislator.
It is a fact that there are other principles, techniques of argumentation, methods of interpretation or legal tools that are used by the Constitutional Courts or Contemporary Constitutional Courts in the exercise of their control activity; however, establishing a conceptual precision of the principle, analyzing its structure and composition as a method, as well as, evidencing the principle of proportionality as a parameter or objective canon of constitutionality and source of legitimacy of judicial review in the Ecuadorian Court, is the objective of this article.
Published online: 30 July 2017
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Last update: 08/02/2022
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