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The principle of interdiction of arbitrarity: End to the abuse of power

Abstract:

The discretion has been maintained for many years in Ecuador, that even in the Law of the Jurisdiction of the Administrative Litigation, an article was maintained, which did not allow the judges of the Administrative Litigation Courts to carry out, analyze and resolve against decisions of authorities that carried out their management based on the power established. By effects of this law, the rights of thousands of people were affected, who did not reach the contentious administrative justice, for fear of being rejected their actions; And because, the courts did not risk breaking this taboo either, despite the rule of human rights that determine in full force of this norm, that the rights to legality and equality in favor of people must be respected. Having issued a constitution that promotes people’s rights and justice, the least the legislature could do was to maintain that form of inequality in the content of its legislation.