THE PRINCIPLES OF CONSTITUTIONAL INTERPRETATION THAT UNDERPIN THE NATURE OF THE SUBJECT: A STUDY OF ECUADORIAN CASE LAW.

This paper analyses the development of the rights of nature in Ecuadorian constitutional jurisprudence. Following the adoption of the 2008 Constitution, Ecuador became a guarantor of rights, including those of nature as a subject. In other words, the traditional approach to determining environmental...

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Detalles Bibliográficos
Publicado en:Scientific Culture Vol. 11; no. 4; pp. 1844 - 1851
Autores principales: Paredes Coronel, Pablo Andrés, San Lucas Solorzano, Maria Fernanda
Formato: Artículo
Publicado: University of the Aegean 2025
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Acceso en línea:Ver este registro en EBSCOhost
Descripción
Sumario:This paper analyses the development of the rights of nature in Ecuadorian constitutional jurisprudence. Following the adoption of the 2008 Constitution, Ecuador became a guarantor of rights, including those of nature as a subject. In other words, the traditional approach to determining environmental liability for damage suffered by individuals was abandoned, and today, nature can be considered a victim of damage, even if no injury has been sustained to the individual or collective rights of persons. The article is based on extensive documentary research, including specialised literature, current legislation and, in particular, rulings No. 253-20-JH/22, No. 1149-19-JP/21, No. 2167-21-EP/22 and No. 22-18-IN/21 of the Constitutional Court. The deductive-analytical method was employed to understand the reasoning of judges in cases relating to the rights of nature.