A New Concept of the Separation of Powers. The Fifth Power: Transparency and Citizen Participation. A New Proposal of New Latin American Constitutionalism the Case of Ecuador (2008)

The paper start with the classical theory of the separation of powers, and explain how this system was broken in the new century in Latin America, especially in the Andeans countries, because of huge political and economic crises which destroyed the traditional system of political parties. And how the citizens try to find new spaces of participation in the public management. In Ecuador case, the citizen power obligated to call a Constituent Assembly in 2007 that redacted a new Constitution which was approved with a large majority in October of 2008. The new Constitution configure a new system of the separation of powers, with two new powers, one in charge of the electoral system, and the fifth power configured to represent the citizens and with the special function of Transparency and Social Control of the state institutions.