Ecuador’s Good Living as a Living Law

The Australian Journal of Indigenous Education (Special Issue), Forthcoming

33 Pages Posted: 30 Aug 2016  

Carlos E. Gallegos-Anda

Australian National University (ANU), College of Arts and Social Sciences, School of Politics & International Relations, Students

Date Written: July 28, 2016

Abstract

In 2008 Ecuador reformed its constitution after a prolonged period of economic, social and political crisis. The momentary rupturing of power structures that had limited political participation to small clusters of elites opened political spaces for historically marginalized social groups to engage in the political process of constitutional drafting. As a result of this unprecedented political shift in participation and inclusiveness in the countries power structures, alternative notions of cultural, social and economic rights surfaced. This progressive constitutionalism is thus a novel attempt at overcoming legal formalism in favour of a Living Law. A law that embraces the contextual settings where it will be applied by scrutinizing the historic power structures that have guided it. Good Living as a legal principle underlines the enactment of a Living Law.

Keywords: Ecuador, Good Living, Inter-American Constitutionalism, Latin America, Collective Rights

Suggested Citation

E. Gallegos-Anda, Carlos, Ecuador’s Good Living as a Living Law (July 28, 2016). The Australian Journal of Indigenous Education (Special Issue), Forthcoming. Available at SSRN: https://ssrn.com/abstract=2826265

Carlos E. Gallegos-Anda (Contact Author)

Australian National University (ANU), College of Arts and Social Sciences, School of Politics & International Relations, Students ( email )

Canberra
Australia

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