Constitution: Which Is The Constitution, Constitutional Rights

Constitution: which is the Constitution, Constitutional Rights

What is the Constitution?

The Constitution are regulations with laws that are based. In my opinion, the Constitution is a set of norms and rules established by the State so that everyone has an order and there is no debauchery

The Constitution in Ecuador was founded in the year of 1822 on May 24, but in 1830 another Constitution was created which was the one provided by the Republic of Ecuador after its creation, it was constituted and written constituent congress of 1830, they wereAlmisted in the city of Riobamba, these regulations began to resolve and have a mutual agreement of the parties on August 14 of the same year that day 20 deputies attended.

In the Constitution, a part that says we decided to build and puts the following:

1. The Constitution seeks a new form of citizen coexistence, in diversity and harmony with nature, to achieve good living, sumak kawsay
2. What I appeared is that it wants coexistence, that there is no debauchery that in order to make a claim is based on laws that can defend it that the citizen as such can read this article knowing that it is protected under laws and in turn that it also has obligations that mustof
3. The Constitution are norms that are carried out in the Republic of Ecuador, they are the most supreme and in force as legal norms of our country (Ecuador).

As George Washington said: “Firearms are the second in importance only after the Constitution, they are the teeth of people’s freedom.

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If we do not have a good Constitution, people would only enter vandalisms would be a unprotected people, high -ranking people would like to take advantage of the most naive people, that’s why the Constitution exists to defend to enforce the rights of the people of the people.

What is constitutional law?

As we already saw the Constitution is nothing other than the power of the people, the base stipulated by the State where it can be governed to make a claim, the Constitution also said that they were norms given by the State, well, now theLaw is nothing more than the free expression of demanding that the norms and principles are fulfilled if we bring together the two concepts given I think it has the purpose of guaranteeing and protecting the rule of law of the citizens of a country.

I understand that constitutional law is in charge of giving exhaustive investigation to be fulfilled by the different laws and norms that occur in the Constitution apart from that it also takes into account citizens.

What are rights and constitutional?

Rights are faculties that the Constitutions attribute to the inhabitants of the country. The guarantees are protections that the Constitution saves in order to ensure respect of these same and at the same time the freedoms that are known.

Constitutional rights are all the rights given to the inhabitant of the country, they are governed by norms that are already constituted and organized in the Constitution and are linked to human dignity, they are rights that enjoy guarantees.

To be a little more practical, the first part of the Constitution is known as the dogmatic part. In it, individual and citizens are recognized. It is made up of 43 articles. The first thirty -five form the first chapter called ‘Declarations, Rights and Guarantees’. In the Constitution there are several rights and articles are attributed that they exist from article 10 to article 75 starting with the right of law holders and concluding with the right to free access to justice.

Clearly I could not explain all in itself, but I can extract those that I consider important:

• Art. 14.- The right of the population to live in a healthy and ecologically balanced environment is recognized, which guarantees sustainability and good living, Sumak Kawsay. It is a law in Ecuador that could be said that if it is given, it is given a public interest to preserve the environment, conserve the ecosystem, biodiversity and the integrity of the country’s genetic heritage. (Page 6)
• Art. 16.-All people, individually or collectively, have the right to:

1. Free, intercultural, inclusive, diverse and participatory communication, in all areas of social interaction, by any means and form, in its own language and with its own symbols.
2. Universal access to information and communication technologies.
3. The creation of social media, and to access on equal terms to the use of the frequencies of the radio spectrum for the management of public, private and community radio stations, and free bands for the exploitation of wireless networks.
4. Access and use of all forms of visual, auditory, sensory and others that allow the inclusion of people with disabilities.
5. Integrate the participation spaces provided for in the Constitution in the field of communication. (page 6)

Communication is something that I consider fundamental in the human being and be entitled to communication as specified by the Constitution seems excellent to me. The truth communication fulfills a very important role in the life of human beings, intercultural communication and participation can be had regarding social interaction is something that has allowed us to move forward;As we saw in assemblies of Rafael Correa with the interculturality of Shuar ethnic groups, Quichuas and others that we could observe in Sabatinas, it is more President Rafael Correa encouraged the interculturality of communication speaking in that way with the listeners.

• Art. 26.- Education is a right of people throughout their lives and an unavoidable and inexcusable duty of the State. It constitutes a priority area of public policy and state investment, guarantee of social equality and inclusion and indispensable condition for the good living. People, families and society have the right and responsibility to participate in the educational process. (Page 8) This right seems essential to me since every person should have a certain level of education with basic principles to not be in ignorance and be a better people. For example, in this article there is a guarantee that is seen in article number 29
• Art. 29.- The State will guarantee freedom of teaching, freedom of chair in higher education, and the right of people to learn in their own cultural language and field. Mothers and fathers or their representatives will have the freedom to choose for their daughters and sons an education according to their pedagogical principles, beliefs and options. (Page 9) We are talking about the guarantee that this right has is to enforce the same. (Article 26) As he says there, he guarantees the freedom to be imposed by his legal representative in this case the father or mother in higher education chairs.
• Art. 32.- Health is a right that guarantees the State, whose realization is linked to the exercise of other rights, including the right to water, food, education, physical culture, work, social security, healthy environments and others thatSustain the Good Living.(page 9) focuses on providing full health and integrates the citizens of the country, in that same article also attached rights that we can read there. Health is fundamental and that we have this article is indispensable in our Constitution.
• Art. 66.- It will recognize and guarantee people:

1. The right to the inviolability of life. There will be no death penalty.
2. The right to a dignified life, which ensures health, food and nutrition, drinking water, housing, environmental sanitation, education, work, rest and leisure, physical culture, clothing, social security and other necessary social services, etc. (page 23)

Actually, I think that this article is to develop much more but that I think the point to be treated here was very well understood. It seems to me that after living that hell where you reached the deprived of your freedom, this article is attributed to you as is that of physical and moral integrity, which does not exclude it from activities as long as the environment of society, which is notSomeone who is judged, not to be seen as someone who has already paid his sentence and courageously is someone worth receiving his freedom. It seems curious because there is also an article that mentions guarantees in case of deprivation of liberty, points to be treated for the person deprived of liberty are stipulated.

I will mention some only to exemplify it:

1. The first, we try to tell us that someone is deprived of liberty, the rule of incarnating it is not the main one, you can wait for processes before proceeding to detention within the jail.
2. The second tells us that no one can be admitted at the Center for Deprivation of Liberty without an order of judge.
3. The third, personally I consider it the most important, when the suspect is arrested, he will have the right to know clearly and in a simple language the reasons for his detention.

Constitutional guarantees have several concepts, the concept that I welcomed is that I properly give it the certainty of being able to be well attended, recognized, protected and with great amparo on the Constitution, an example or comparison could be made;When you are going to make a loan, you need a guarantor that covers anything in case the breach of said obligation cannot be carried out, it is the same, the Constitution protects you in this type of case.

• Art. 84.- The National Assembly and every body with normative power will have the obligation to adapt, formally and materially, the laws and other legal norms to the rights provided in the Constitution and international treaties, and those that are necessary to guarantee the dignity of the human being orof communities, peoples and nationalities. In no case, the reform of the Constitution, the laws, other legal norms or the acts of public power will attempt against the rights recognized by the Constitution. (page 33)

With this I want to refer to, as article 84 of the Constitution of the Republic of Ecuador says, no one can be judged without evidence, the dignity of the person communities or peoples should be guaranteed as right right there. This article is created so that the rights of each person are not violated, as we know the Constitution is created to be able to establish certain regulations or norms, this article is aimed at what to do if the obligations are not fulfilled after each imposed item.

As the author says (Santamaría, 2012) "guarantees establish legal mechanisms to shorten the gap between rights and reality", in my opinion I think he points out that practices to be able to stop, prevent and repair violationsof rights that occur in any act or omission imposed by the State that shows power.

Bibliography

1. Studies and publications corporation. (November 1-2008). Constitution of the Republic of Ecuador. Quito-Ecuador: Corporation of Studies and Publications .
2. Santamaría, r. A. (2012). Dissemination of constitutional law. Quito-Ecuador: Rights and their guarantees, critical essays.