La Consulta de Constitucionalidad en el Ecuador: Una Aparente Forma de Control Concreto

In this article, we study the constitutionality review established in Article 428 of the Constitution of the Republic. To this end, we begin by outlining the constitutional review of legal norms and the two classifications necessary for the development of this article. We then address the structure of the review and its requirements, and then seek to address two questions: first, whether it constitutes a form of concrete review; and second, whether diffuse constitutional review exists in Ecuador. Regarding the first question, we present several arguments to support that it is not, strictly speaking, that form of review. Regarding the second, we argue that the introduction of the constitutional review reflects the intention of the constituent to establish a system of concentrated review in our country, although, based on the text of Article 425 of the Constitution, there may be arguments to argue that diffuse review also exists, generating a mixed system. We conclude, however, that this is inconsistent with the current constitutional paradigm, in which diffuse control has not been expressly provided for.