Home
/
RELIGION & LIBERTY ONLINE
/
Rule of law crumbles — again — in Latin America
Rule of law crumbles — again — in Latin America
Dec 21, 2025 5:04 PM

It’s no secret that most of Latin America has struggled for a long time with the idea, habits, and practices of rule of law. When one consults rankings such as the Heritage Foundation’s Index of Economic Freedom (which measures for rule of law), it’s a depressing picture, despite notable exceptions like Chile.

There are many reasons for this. Among others, they include a deep long-standing distrust of formal institutions which pervades many Latin American societies as well as the fact that Latin American populists have always regarded rule of law as obstructing their political and economic agendas—agendas that have produced even more dysfunctionality in their wake. Hence, Latin American caudillos of all stripes, ranging from Argentina’s Juan Perón in the past to Bolivia’s Evo Morales in the present, have consistently derided rule of law as a “bourgeois” institution.

Then there is the prevalence of widespread indifference on the part of many ordinary Latin Americans to rule of law. When I have spoken about rule of law while lecturing in countries ranging from Mexico to Argentina, I have witnessed a great deal of shrugging of the shoulders in response from well-educated audiences.

Perhaps that’s because establishing rule of law—let alone preserving it—just isn’t very easy. For rule of law goes beyond adherence to formal procedures. It also requires a widespread and consistent embrace of very specific norms and principles on the part of the population and those who make and administer law.

An excellent summary of these norms and principles was delineated by the twentieth century legal scholar, Lon Fuller, in his important 1964 book The Morality of Law. Part of his argument was that rule of law itself depends upon acceptance of a type of inner morality concerning basic fairness—something that Latin American populists and their enablers have never shown much interest in, especially if it conflicts with the Marxist sentiments that are just beneath the surface of a good deal of political and intellectual life throughout the region.

A recent egregious example of the type of problems encountered by rule of law in Latin America was highlighted by Mary Anastasia O’Grady in a recent Wall Street Journal article. Entitled “The President of Peru Stages a Coup,” O’Grady illustrates how Peru’s President, Martín Vizcarra, has just dissolved the Congress and set new elections for January 2020. He did so in clear violation of Peru’s Constitution. This states that the government may only dissolve Congress after two no-confidence votes. There has been only one vote of no-confidence during this government’s term, and that dates back to 2017.

O’Grady’s article provides an excellent overview of the particularities of the dispute. But she also demonstrates how the president’s clearly unconstitutional act is now fueling demands on the part of leading members of Peru’s hard left for the same type of process that lead to Venezuela’s left-populists consolidating their power and now dictatorship over that very troubled nation.

What makes this situation even sadder is that Peru has made, as O’Grady underscores, considerable economic progress since the late 1990s, including with regard to important institutional prerequisites for sustained economic development such as respect for private property. The problem is that violations of a presumably just constitution can’t help but reinforce skepticism among the political class and citizenry more generally about rule of law.

In the long-term, the rich and powerful can always take themselves in a situation of degenerating rule of law. The middle class and poor, however, cannot. They are the real losers in a situation of degenerating rule of law. We can hope that Peru doesn’t have to find this out the hard way. I wish that I was optimistic, but I’m not.

Image: Ministerio de Relaciones Exteriores [CC BY-SA 2.0]

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Christian Unity and the Russian Orthodox Church
The miraculous post-Soviet revival of the Russian Orthodox Church, all but destroyed by the end of the Stalinist purges in the 1930s, is one of the great stories of 21st Century Christianity. This revival is now focused on the restoration of church life that saw its great institutions and spiritual treasures — churches, monasteries, seminaries, libraries — more or less obliterated by an aggressively atheist regime. Many of the Church’s best and brightest monks, clergy and theologians were martyred, imprisoned...
Review — Witness to Transformation: Refugee Insights into North Korea
A mere mention of North Korea brings to mind the repressive regime of Dear Leader Kim Jong-il. Although Kim has been satirized in the West as an impish consumer of cognac and NBA paraphernalia, his grip on society is both chilling and inescapable. The country frequently receives news coverage for its nuclear aspirations, unjust penal system, and horrendous human rights record. However, a recent academic study by Stephan Haggard and Marcus Noland uncovers yet another facet of the North Korean...
Men Seeking Absolute Power
David Lohmeyer turned up this excellent clip from the original Star Trek series: Kirk opens the clip by referencing the Nazi “leader principle” (das Führerprinzip). Soon after Hitler’s election as chancellor in 1933, the German theologian Dietrich Bonhoeffer gave a (partial) radio address and later lectured publicly on the topic of the “leader principle” and its meaning for the younger generation. These texts are important for a number of reasons, not least of which is that pares the office of...
Rising Food Prices and Regulation
In an article appearing on EWTN News, Acton Director of Research, Samuel Gregg, is interviewed on rising food prices and the effect on the developing world. In this article, Dr. Gregg contributed to a broad discussion on the many factors contributing to the rising food prices. He advocates for a free market economy in agriculture by discussing the effects agricultural subsides in Europe and the United State, and how these market distortions contribute to stifling the growth of agriculture in...
Film Spanks U.N. Treaty on the Rights of the Child
There’s a free screening of a documentary critiquing the U.N. Convention on the Rights of the Child this Friday evening at 7 p.m. at Grandville Church of Christ–3725 44th St. SW. The film makes the case that parental rights have already been dangerously eroded in the United States and would be further eroded if Congress ratified the U.N. treaty. The screening is sponsored by the area chapter of Generation Joshua and is open to the public. More against the treaty...
The Welfare State and the Moral High Ground
Writing in the Sacramento Bee, Margaret A. Bengs cites Rev. Robert A. Sirico’s Heritage Foundation essay “The Moral Basis for Economic Liberty” in her column on munities and government budget battles. As a priest, Sirico has met many entrepreneurs “who are disenfranchised and alienated from their churches,” with often little understanding by church leaders of the “vocation called entrepreneurship, of what it requires in the way of personal sacrifice, and of what it contributes to society.” This lack of understanding,...
Goodbye, steeple. Goodbye, people.
We might need an update to the children’s rhyme: “Here is the church, / here is the steeple, / open the doors, / and see all the people.” Before I got wrapped up in ongoing conversations here, there, and seemingly everywhere about the nation’s budget, I noted that the ripple effects from the economic downturn were beginning to hit churches in a serious way. Christianity Today passes along a piece that speaks to a much more particular phenomenon: the decline...
Hardships of Ethanol
Everywhere we look we are facing rising prices. We find them at the gas pumps and now we see them at our supermarkets. Food prices are climbing, and just like gas prices, they are having broadly felt adverse effects on Americans. The Wall Street Journal sat down with C. Larry Pope, the CEO of Smithfield Foods Inc., the world’s largest pork processor and hog producer by volume, to discuss the rising food prices and how they are affecting his business....
Samuel Gregg: Benedict XVI in ‘No One’s Shadow’
In a special report, the American Spectator has published Acton Research Director Samuel Gregg’s new article on the “civilizational agenda” of Pope Benedict XVI. Special thanks also to RealClearReligion for linking the Gregg article. Benedict XVI: In No One’s Shadow By Samuel Gregg It was inevitable. In the lead-up to John Paul II’s beatification, a number of publications decided it was time to opine about the direction of Benedict XVI’s pontificate. The Economist, for example, portrayed a pontificate adrift, “accident-prone,”...
The Belgic Confession and Political Justice
Much of the discussions I’ve been involved in over recent months that have focused on the federal budget have involved some basic assumptions about what the Christian view of government is. Sometimes these assumptions have been explicitly conflicting. Other times the assumptions have been shown as the result of mitments about what Scripture says. This is, for instance, one of the points that came up right at the conclusion of the panel discussion about intergenerational justice at AEI a few...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved