Hans Kelsen
Ni-Austrian legal and political thinker, is a saint, nor the Constituent Assembly brings him head, the heading used to plot the direction of what happens to the Assembly and to understand the debate in about the doctrinal principles that should frame operation of it, and who were the lawfully elected Ecuadorian people in the referendum of April 22, 2007, election certainly consistent with the universal concept of a Constituent Assembly is very different from the interpretation of current assembly majority, manifested in the overwhelming power with which they solve and make decisions, assuming legislative duties primarily custodial function of a democratic state Legislature, distorting the true concept of Constituent Assembly to the detriment of the purpose for which the elected the Ecuadorian people.
Just for that character and sense of ideologues sociological neo the majority of assembly members, not just be entrusted to Kelsen, caustic critic of contamination of law with ideology or sociological elements that pollute deformatorios of its essence. Kelsen was a positivist vision he called "pure theory of law" and theorized about the formal analysis of law as an autonomous phenomenon of ideological or moral considerations, in which the law could not be considered in isolation but as part of a regulatory framework unit complex, in which respect the hierarchy of rules, giving rise to a coherent legal system. The validity of the rules, therefore, would be given by way of producing them and not for its content, ie the Constitution first, then the organic laws, special laws, ordinary laws, decree laws, legislative decrees, ordinances, etc. Principle known as the "Pyramid of Kelsen, is also serving an educational resource for law students understand the order of the ranking of legal devices, putting the Constitution at the peak of the pyramid, and in decreasing the junior legal rules, including administrative law and the recently issued Tax Equity Reform.
The antithesis of the "Pyramid of Kelsen," is the production of secondary legislation and the legislative work undertaken by the Constituent Assembly, and Kelsen, in fact, is the antithesis of the ideologues in the administration of citizen's revolution.
Obviously in most assembly Kelsen no fans, not many of them have heard named, and fans will not Norberto Bobbio, or Kauffman, nor distinguished jurists Luis Recaséns Siches Kelsenian fans thought, what is there are transcribers of the recipes that are cooked in Carondelet, where "We must acknowledge, with great wisdom, has faithfully followed a plan developed to eliminate all opposition may allow the government to have the tools that it considers essential for its management, mainly for it regardless of Congress, become the last years in the stone in the shoe of the executive. From there then, that the plan is that the Assembly provide and amend all laws that make it possible secondary objective of the government, before going to consider it should be, the preparation and drafting of the new Constitution, and to do that better than using their assembly, true pawns in the chessboard of national politics.
Others who have not heard of Kelsen, is the nefarious politicians who corrupted the political party system, distorting the Kelsenian principle that political parties have fundamental importance in democracies as "organs of state will-formation" and those who advocated a system to be included in national constitutions to ensure their important role as an institution of democracy. "Democracy, necessarily and inevitably requires a state party." "If it is hostile to the parties, it is hostile to democracy," Kelsen said that's why, today, the actions of the government majority should be aligned with healthy practice needed to listen and gather the papers that are valid from minority political parties represented in the Constituent Assembly and the government should be less all-embracing, be more tolerant and receptive to criticism from the opposition , picking those that are worth considering them and have a sense of fatherland, the motherland without rhetoric or calculation.
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