29 May 2023
Ecuador’s Mutual Death Clause
On May 17, Ecuadorian President, Guillermo Lasso, dissolved the National Assembly by activating a unique constitutional clause known as ‘mutual death’ [muerte cruzada]. Under this provision, added to Ecuador’s Constitution in 2008 but never before used, the President can dissolve the Legislative, call general elections, and rule by decree until a new Legislative and President are elected. This post details the significance of these recent events and the decision of the Constitutional Court to render the clause non-reviewable. Continue reading >>
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06 July 2022
Ecuador’s June 2022 Multi-pronged Social Outburst
For 18 days in June, the Ecuadorian society has descended into chaos. What started as a strike led by indigenous communities mutated into a multi-pronged social outburst that threatened the constitutional order as a whole. While the core reason for the widespread discontent lies in the systematic exclusion of a vast majority of the Ecuadorian population from basic social systems, the resent crisis in Ecuador posts a more comprehensive alert. Continue reading >>
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10 December 2021
The Los Cedros Forest has Rights
Last week, the Ecuadorian Constitutional Court published its judgment in the case of the Los Cedros forest, a protected cloud forest of great biodiversity in the Andean mountains of Ecuador. This judgment revokes environmental permits previously granted to two mining concessions in the Bosque Protector Los Cedros reserve. The Court ruled that the mining permits in question had not only violated several constitutional rights of communities in the area but also – most remarkably – the rights of mother nature (Pacha Mama). It specifically granted these rights to the Los Cedros Reserve. But there is still some uncertainty regarding future applications of this unusual, non-anthropocentric legal standard set by the Court to protect the rights of mother nature. Continue reading >>
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25 March 2021
The Virtues and Limits of Transformative Constitutionalism
On 4 March, the Ecuadorian Constitutional Court published a decision in the aftermath of nation-wide prison riots that had killed at least 79 people. This judgment underlines the key functions of a Court empowered with a transformative mandate in the face of systemic failures in public policy – but also the limits of its power to solve those failures. Continue reading >>24 April 2020