A Discussion on the Democratic Legitimacy of Constitutional Justice: An Approach to the Ecuadorian Case

Abstract

This article seeks to reflect on and contribute to the debate on the democratic legitimacy of constitutional justice. The paper is structured in an introduction that raises different concepts of legitimacy, as well as the questions that will be answered throughout the text. Subsequently, a discussion on the democratic legitimacy of constitutional justice is developed, followed by a comparative analysis of various contexts in which the institution of judicial review has been strengthened—particularly the new institution of popular election of judges in countries such as Bolivia and Mexico. In the Ecuadorian context, the question arises as to whether the popular election of judges would be a viable option or whether it would  further wear down the country’s institutionality. The article also addresses the 2019 renewal of the Constitutional Court and its emblematic rulings, highlighting how the Court has been characterized by the argumentative depth present in its decisions. Finally, in the concluding reflections, the article offers answers to the initial questions, aiming to provide a broad and clear understanding of the democratic legitimacy of constitutional justice.

Keywords: Supreme Court, democratic legitimacy, popular election of judges, democratic debate, constitutional democracy