Some Differences and Similarities Between Ecuadorian Constitution and the Canadian Constitution

Canadian Business Law

Assignment #1

“Constitution of Ecuador and Canada”

1. - What are the sources of the law (for example, civil or common law, any principles of equinity, constitution, statues and legislative process, etc.)

According to the new Constitution created in 2008, Ecuador counts with 5 powers or branches:

1. Executive branch
2. Legislative branch
3. Judicial branch
4. Electoral branch
5. Transparency and Social Control

When talking about the Laws, we should point two branches, The Legislative and Judicial.

In Ecuador the Legislative branch is exercised by the National Assembly, which is formed by 124 assemblymen. They are elected for 4 years and they are in charge of creating, proposing, modifying and approving laws.

After setting the rules and laws, only the bodies of the Judicial branch are in charge of exercising justice. And these bodies are:

a.      National Court of Justice, which has jurisdiction in all the State's territory. It is located in Quito and acts as a Court of Cassation through specialized chambers, according to Law.

b.       Provincial Courts, which have jurisdiction over the territory of each province. The National Court will create provincial courts as needed.

c.      Tribunals and Judges appointed by law, whose independence is guaranteed by the State and can only be subject to the Constitution and the Law.

d.      The National Council of the Judicature, which is an administrative and disciplinary body of the Judiciary.

e.      Public Defendants’ Office; an independent body of the Judicial Branch responsible for providing legal assistance to those who may not afford the services of a private lawyer, in order to protect the right to a fair trial.

f.       State Attorney’s Office: an independent body that investigates criminal accusations.

2. - What are some differences and similarities between Ecuadorian Constitution and the Canadian Constitution?