Analysis of the principle of reasonableness in the states of exception declared by the Ecuadorian state in the last five years

Abstract

Globally, countries have long utilized a mechanism currently known as states of exception, which grants governments extraordinary powers to manage emergencies in irregular situations such as natural disasters, armed conflicts, or internal crises. This study analyzes the principles of reasonableness in the states of exception declared in Ecuador between 2015 and 2019, evaluating their application and compliance. The results reveal a failure to adhere to the fundamental principles that regulate states of exception, with a particular emphasis on the principle of temporality, which weakens its effectiveness as a governance tool. During the analyzed period, Ecuador prioritized the principle of necessity over other key principles such as proportionality, legality, temporality, territoriality, and reasonableness. Additionally, the principle of reasonableness in Ecuadorian legislation exhibits a high degree of subjectivity, relying significantly on the discretion of the ruling government, which substantially impacts the application of the state of exception. This study contributes to the analysis of the implementation of states of exception in Ecuador and highlights the need to strengthen its regulatory framework to ensure an appropriate balance between security and fundamental rights.