El «nuevo constitucionalismo latinoamericano» y la forma de Estado. Algunas reflexiones a partir de los ordenamientos de Ecuador y Bolivia

The evolution of the catalogue of rights and the instruments designed to protect them has marked the transition from one form of State to another. The purpose of this article is to illustrate, in broad terms, some of the «new» rights contained in the Constitutions belonging to the cycle of constitutionalism called by part of the doctrine «new Latin American constitutionalism» (NCL), and in particular in those of Ecuador and Bolivia. The aim is highlight their innovative scope with respect to the social democratic form of State, in its Western version, and to question the possibility that a new form of State, typical of the 21st century, is being configured. To this end, the chapters dedicated to the examination of rights and the final question of whether it is possible to speak of a new form of State are preceded by a brief analysis of the essential characteristics of the NCL, the constituent processes that led to the adoption of these new fundamental norms and their characteristic elements.