Home
/
RELIGION & LIBERTY ONLINE
/
Rule of law crumbles — again — in Latin America
Rule of law crumbles — again — in Latin America
Jan 9, 2026 11:01 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
How the UN Report on extreme poverty in America goes astray
During the 38th Session of the United Nations Human Rights Council (UNHRC), on June 18 – July 6, 2018, the UN Special Rapporteur, an Englishman by the name of Philip Alston, presented a report on poverty in the United States, the full text of which may be read here. This report, based on a two-week fact-finding mission to various locations in the United States and interviews with local, state, and federal politicians and civil servants, represents the official UN view...
Vladimir Putin is winning over (anti-capitalist) Catholics
“Tomorrow I leave this land of hope and return to our Western countries – the countries of despair,” wrote George Bernard Shaw as he prepared to depart Stalin’s Soviet Union in 1931. Many Western intellectuals idolized the USSR as a viable economic alternative to the free market – and a certain variety of Western Catholic now sees Vladimir Putin as the leader of an analogous movement. At the Acton Institute’s Religion & Liberty Transatlantic website, Stefano Magni writes: [I]t is...
We can separate church and state, but not religion and politics
All our politics is religious, says Jonathan Leeman. “Neutrality is a bluff, he adds, “We are all sectarians (and conversations in the public square will e more honest when everyone names their ‘sect’). . . . Whoever gets to define which issues are ‘religious’ gets to rigs the game.” Should we therefore conclude that the the U. S. Constitution’s “no religious test for public office” clause is nothing more than an ideological power play? “Not at all,” says Leeman: In...
Tim Keller on the ‘saltiness’ of self-denial in the modern age
What does it look like for Christians to be “salt and light” in the modern age? In the recent keynote address at the National Parliamentary Prayer Breakfast, Tim Keller spoke to Prime Minister Theresa May and over 140 MPs about the cultural influence of Christianity, past and future. “What can Christianity offer our society in the 21st century?” asks Keller, who will be the guest speaker at the Acton Institute’s 28th Annual Dinnerthis October. “And I’d like to answer that...
How politics becomes religion
In his new article for the Catholic World Report, Samuel Gregg, Research Director for the Acton Institute, argues that many in the world today have replaced politics with religion. One result of this is disproportionate outrage and scandal over political events, such as Brett Kavanaugh’s recent nomination to the United States Supreme Court. On the other hand, replacing religion with politics can also lead to a watered-down, “prudentialized” theology that ignores moral absolutes and weakens the bonds of faith. Gregg...
5 facts about Russian President Vladimir Putin
President Donald Trump met today with Vladimir Putin for a summit in Helsinki, Finland. Here are five facts you should know aboutthe powerful and controversialRussian president. 1.Vladimir Vladimirovich Putin was born in Cold War era Russia in 1952. His mother worked in a factory during World War II, and his father was drafted into the army,where he served on a submarine fleet. During his younger years, Putinwas an atheist. He says he turned to the church after two major accidents...
How a Colorado business is welcoming refugees
Debates continue to rage about immigration policy and the best way to manage our range of migrant and refugee crises. Yet much of our solution-seeking seems intently focused on the levers of government. Whatever side of the political divide,we continue to hear Biblical justifications for a range of policy solutions. But however important those political considerations may be, we should remember that our basic ethic of Christian hospitality doesn’t rely or depend on decisions or decrees from the halls of...
How patents, prizes and subsidies affect idea creation
Note: This is post #85 in a weekly video series on basic economics. The last entry in this series considered how institutions can incentivize the creation of new ideas. Because of this connection, the Founding Fatherswrote a protection mechanism for new ideas into the U.S. Constitution in the form of patents. But arepatents the only (or even best) way to reward good ideas? In this video by Marginal Revolution University,Alex Tabarrok examinestwo more incentive options: prizes, and subsidies. (If you...
Can Bitcoin solve the classic problems of money?
The digital currency Bitcoin has not only attracted a lot of interest from investors, but it has raised some intriguing economic and financial questions. Economists and other theorists have long grappled with problems such as inflation, counterfeiting or money laundering. When we are talking about money in a digital world, however, we may have specific problems like scarcity and trust issues. Inflation Bitcoin is based on the underlying block chain technology (see this explainer). Each time a user discovers a...
The Left’s populist pushback
Simply defined, populism is the rebellion of mon man against the outsiders. This vague definition reflects the reality that there are populists of numerous different political persuasions; at its heart, populism is a strategy, not an ideology. Populism is dangerous because its antagonistic framework prevents proper dialogue between different groups; promise allows a morally inferior group to force its views on the people. Populism frequently panies US political movements. The Tea Party, Andrew Jackson’s war on the bank, Occupy Wall...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved