Legal Order, Judge’s Training, and State’s Transformations

Abstract

The transformation of the legal and political Ecuadorian order expressed in Constitution of Ecuador of 2008 demands to reassess the analysis of Law parting form new hermeneutical and technicalbasis that go beyond the methods of the Historical School and those of Classic Legal Positivism, whichhave served for the study of Law. New judges, new operators of justice and active citizens are required in order to deploy the garantist mechanisms of rights. In this context, for the Ecuadorian Constitution,the training of judges has a triple dimension: the recognition of public servant’s right to training andcapactitation for their enrolment, permanence and promotion within public service; as a mechanism ofoptimization of public service; and, it works as a strategy of political and social change.