System of checks and balances in the structural model of the Ecuadorian state

Abstract

Introduction, The system of checks and balances is a fundamental concept in the democratic and constitutional order, which ensures the separation of powers; This theory, also called "checks and balances", seeks to establish a balance between state functions and avoid the excessive concentration of power in one of them, so that each one has the ability to limit and control the others and simultaneously finds a restriction in its actions. Objective, this research is focused on analyzing the effectiveness of this system in the distribution of the Ecuadorian constitutional model and determining whether all the constituted powers participate in this action. Methodology, for which an exploratory study is developed through a bibliographic and regulatory review. Conclusion, the analysis has made it possible to determine that the system presents a political structure that prevents the concentration of power, based on the constitutional norm and developed in the infra-constitutional norm, however, it does not have an absolute control but partial control in specific actions, which is more marked among the classic functions, that is, the Executive, Legislative and Judicial.  where, although there is a distribution of public power, it is not strictly proportional among the five functions. General Area of Study: Law. Specific area of study: Constitutional Law