Home
/
RELIGION & LIBERTY ONLINE
/
Rule of law crumbles — again — in Latin America
Rule of law crumbles — again — in Latin America
Jan 20, 2026 11:00 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
Bottle Deposits and Behavior
I have taken an unofficial and unplanned hiatus from PowerBlogging over the last few weeks as I worked toward finishing up a book manuscript that you’ll hear much more about in ing days. But in the meantime, I did continue to take note of things that might be of interest to PowerBlog readers, and one of these things was a recent NBER working paper, “Discontinuous Behavioral Responses to Recycling Laws and Plastic Water Bottle Deposits.” I noted it in part...
Acton on Tap: Artists, Storytellers and Conservatives
Join us on Wednesday, May 19, for the next Acton on Tap and a fascinating discussion about conservatives and the arts. The discussion will be led by David Michael Phelps, a writer, producer and story consultant. The event takes place from 6-8 p.m. at the Derby Station in East Grand Rapids, Mich. (Map it here.) No advance registration is required. The only cost is your food and drink. View event details on Facebook. Background: Both Story and Syllogism. (Excerpted from...
Radosh Responds to Berlinski
I mended a Claire Berlinski article last Thursday. Ron Radosh forcefully calls into question several elements of the Berlinski piece, though her central claim seems to me to remain intact: While the Nazis are widely and duly vilified, far too many in the West continue to excuse, minimize or ignore the activities of the munists. At any rate, mentary has sparked a lively discussion in ments section under his post. ...
Digging in to the crimes of communism
Having recently finished reading Jean-François Revel’s Last Exit to Utopia – in which he excoriates leftist intellectuals for ignoring the crimes munist totalitarianism and their efforts to resurrect the deadly ideology – and having just read a few more chapters of Solzhenitsyn’s Gulag Archipelago over lunch, it seems providential that I would stumble across this article at City Journal on the failure of researchers to seriously dig into the now-available archives of the Soviet Union: Pavel Stroilov, a Russian exile...
Interview: Economics and the Reality of Things
A while back, Bevan Sabo and Ariel Goldring at Free Market Mojo interviewed me on a wide range of subjects. They’ve kindly granted us permission to post some excerpts: FMM: Capitalism requires a large degree of selfishness. Though there is certainly room for charity in a free-market system, individuals and firms must pursue their own selfish interests in order for an economy to thrive (or even succeed). How does a Christian love his neighbor as himself and still function as...
Why doesn’t anyone care about the unread Soviet archives?
I want to second Marc’s article mendation from earlier today. The phrase “a must read” is badly overworked, but in this case I can’t help myself: Claire Berlinski’s A Hidden History of Evil in the latest City Journal is a must-read. A few excerpts: Communism was responsible for the deaths of some 150 million human beings during the twentieth century. The world remains inexplicably indifferent and uncurious about the deadliest ideology in history. For evidence of this indifference, consider the...
Debt and Politics
Though the Greek Debt crisis may seem far away, here is a sobering article by Kevin Hassett at Bloomberg. Greece’s Bailout Heroes arrive in Leaking Boats Those countries coordinating the $1Trillion bailout of Greece find themselves in similar trouble. Hassett writes: The fatal flaw in the plan is that the European nations bailing out Greece — even Germany, where government debt has risen to about 80 percent of gross domestic product — have similar budget problems and even less political...
Debt, Credit and the Virtuous Life
This week’s Acton Commentary: Our economic life is concerned with more than just the objective exchange of goods and services. Far from being morally neutral, it is an expression of how we understand our dependence on God and neighbor and is the means by which we fulfill, or not, our obligations toward them. Both for reasons of morality as well as long term economic efficiency, we cannot overlook or minimize the centrality of personal virtue, and of a culture of...
How’s that universal health care working out for you?
From the movie Fight Club (1999): Narrator: Tyler, you are by far the most interesting single-serving friend I’ve ever met… see I have this thing: everything on a plane is single-serving… Tyler Durden: Oh I get it, it’s very clever. Narrator: Thank you. Tyler Durden: How’s that working out for you? Narrator: What? Tyler Durden: Being clever. The Hill reports that Dems feel healthcare fatigue. Blue Dog Earl Pomeroy (D-N.D.), who voted for the health overhaul, said the debate has...
Wealth: What is it good for?
On the Economix blog at the New York Times, Uwe E. Reinhardt wrote a post titled “How Businesses Create Wealth.” That elicited attention from menter who wondered where he was “trying to go with this essay.” Reinhardt, an economics professor at Princeton, answers with “Companies: What Are They Good For?” He also cites an article from Acton’s Journal of Markets & Morality: “A Communitarian Model of Business: A Natural-Law Perspective.” Reinhardt: Actually, I was not trying to go anywhere with...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved