Home
/
RELIGION & LIBERTY ONLINE
/
Rule of law crumbles — again — in Latin America
Rule of law crumbles — again — in Latin America
Jan 25, 2026 9:59 AM

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
Life goes on in Deadwood
More than decade after the conclusion of the critically-acclaimed HBO series Deadwood, a finale has been released that brings the gold-rush era drama to a close. The Deadwood film premiered on HBO last week, and fans of the show will find much to remember and appreciate in this conclusion. Much remains familiar in Deadwood a decade later; the surviving characters are older, but the dynamics and cadences of their interactions remain. The series concluded with an epic clash between the...
What Christians should know about recessions
Note: This is the latest entry in the Acton blog series, “What Christians Should Know About Economics.” For other entries inthe series seethis post. What it means: The economy shifts from periods of increasing economic activity, known as economic expansions, to periods of decreasing economic activity, known as recessions. This is known as the business cycle and includes four phases: expansion, peak, contraction, and trough. An expansion is a period between a trough and a peak, and a recession is...
A new Member of European Parliament exposes Europe’s self-doubt
Last week’s elections for European Parliament swept a bountiful harvest of Euroskeptic thorns into the EU’s side. Among them are the Sweden Democrats; Trey Dimsdale has interviewed successful SD candidate Charlie Weimers for the Acton Line podcast, and Weimers contributes a book review of Kasja Norman’s stirring book Sweden’s Dark Soul: The Unraveling of a Utopia to Acton’s transatlantic website. The book’s evocative opening leads to probing questions of Sweden’s searing self-doubt. Weimers writes: Norman starts the book depicting hundreds...
Europe’s dream
Last week, EU voters went to the polls in the latest round of the project of pan-European governance, another step on the supposed road to further unity and prosperity. The results were varied and at odds with one another, and the only constant seems to be dissatisfaction with the status quo. Many nationalist parties—such as in Poland, Italy and the United Kingdom—posted strong results, while countries such as Spain went toward the opposite end of the spectrum and supported socialists....
How ‘conservatives’ became the war party
The only thing that can e the stupidity of modern-day progressives like Alexandria Ocasio-Cortez and the 24 people contending for the 2020 presidential nomination of the Democratic Party is an understanding of the price—and the consequences — of the policies that they preach. Progressive policy is expensive, very expensive, and a wise person should be extremely reluctant to spend other people’s money on utopian schemes like the Green New Deal. But people are not wise, and that is why America...
New study exposes career training cronyism
Last week the Mackinac Center — a think tank that focuses on public policy in Michigan — published a new study: “Workforce Development in Michigan.” The study, authored by Hope College economics professor, Acton research fellow, and Journal of Markets & Morality associate editor Sarah Estelle, examines the wide variety of skills-training and employment programs in the state. As the Mackinac Center put it in their press release, The government has been actively involved in job training since the 1960s,...
The European left and immigration
Danish elections are usually not high on the list of must-watch political contests but the ing election on June 5 is one that I think worth watching. As this Guardian article illustrates, it is distinguished by the fact that the Danish Social Democrats—the main center-left party in Denmark—have revisited and substantially changed their approach to immigration. Under the leadership of Mette Frederiksen, the Danish Social Democrats have broken with the reigning consensus on the European left, essentially adopting many of...
When the Federal Reserve does too much
Note: This is post #123 in a weekly video series on basic economics. “If you think through all of the variables that shape a country’s economy, it’s no wonder that monetary policy is difficult,” says economist Alex Tabarrok. “It should e as no surprise that the Federal Reserve doesn’t always get it right. In fact, sometimes the Fed’s actions have made the economy worse off.” In this video by Marginal Revolution University, Tabarrok shows what happens when the Fed promotes...
The Ahmari/French debate: A reading list
“If you printed out and stacked up every piece written about the dispute between First Things contributor Sohrab Ahmari and National Review writer David French, it wouldn’t quite go up 68,000 miles—that would be the $22 trillion national debt, stacked by ones—but it would be towering nonetheless,” says Matt Welch. For those who are late to the debate and want to catch up, I’ve collected a reading list of articles related to the controversy. I’ve included the original essay by...
Are rising education and healthcare costs our own fault?
Alex Tabarrok, professor of Economics at George Mason University and co-author of the Marginal Revolution blog, has co-authored a new book with Eric Helland exploring why prices have risen so sharply in healthcare and education. Helland and Tabarrok argue that most of these price increases are caused by the rising price of skilled labor in these fields, driven by what economists call the Baumol effect, The Baumol effect is easy to explain but difficult to grasp. In 1826, when Beethoven’s...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved