Home
/
RELIGION & LIBERTY ONLINE
/
Rule of law crumbles — again — in Latin America
Rule of law crumbles — again — in Latin America
May 15, 2026 6:03 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
Acton Commentary: Unity or Unanimity at Reformed Council?
This week’s Acton Commentary from Jordan Ballor: Unity or Unanimity at Reformed Council? By Jordan Ballor Global es to Grand Rapids, Mich., this weekend in the form of the Uniting General Council of the World Communion of Reformed Churches (WCRC). Thousands of delegates, exhibitors, and volunteers will gather on the campus of Calvin College to mark the union of two Reformed ecumenical groups, the World Alliance of Reformed Churches (WARC) and the Reformed Ecumenical Council (REC). This new global ecumenical...
Acton University: Day One
Acton University 2010 is underway. This year, 450 students and faculty from 55 countries are gathered in Grand Rapids for a deep dive into the “free and virtuous society.” Attendees this year include seminarians and college students — groups that have studied at Acton conferences for two decades now — but also presidents of colleges, corporate executives, Christian missionaries, entrepreneurs, physicians, lawyers, business leaders, retired people and a few high school students. Acton also es 44 Protestant seminary professors who...
Blogging AU (cont.)
Because of the crush of Acton University blogging activity, I’ll be posting mostly links today. Watch for a wrap up in the days ahead. Also, Jordan Ballor’s fine Acton Commentary “Unity or Unanimity at Reformed Council?” was published yesterday in the Detroit News under the headline “Ballor: Church activists shouldn’t adopt separation as doctrine.” Blogging AU: — Grzegorz (Greg) Lewicki explains what we mean by, “Get lost from my porch, or I’ll break your neck right now.” — Jackson Egan...
Fatal Attraction: Democracy and the Welfare State
At Public Discourse, Acton’s Research Director Samuel Gregg examines why many European governments are so hesitant to engage in much needed but painful economic reforms – especially reforms that involve diminishing the size of expansive welfare states. The causes are many, but in “Fatal Attraction: Democracy and the Welfare State,” Gregg zeroes in on a potentially damaging linkage between democratic systems of government and the growth of large welfare states that seek to provide economic security to ever increasing numbers...
BP and the Big Spill
Ryan T. Anderson, editor of Public Discourse, weighs in on BP’s blowout in the Gulf of Mexico: What we’re seeing is an animus directed toward modern technology and industry, an unmodulated suspicion of the private sector’s motives, an unexamined belief that markets have failed, all coupled with an uncritical (and nearly unthinking) faith that, in the final analysis, only government and extensive regulation will save us from ourselves and protect Mother Nature. But the history of environmental progress tells a...
Public Schools: Adult Employment Programs
I’ve long argued that school choice is the quintessential bipartisan cause, with boundless potential to transform American primary and secondary education. Yet, for various reasons (all of them bad), it has failed to live up to that potential—its significant successes in various places notwithstanding. One more anecdote to file away on this es from Rich Lowry at NRO: the travails of Eva Moskowitz in New York City. Favorite quote: It’s amazing what you can plish, she says, when you design...
Acton University Lectures Available Online
We’ve posted a dozen or so AU 2010 lectures in our online store and expect to be putting up many more in the days ahead. They’re priced at $1.99 and transactions are through a secure server at the Acton Institute Digital Downloads page. Check back often. Here’s what available now: — Thoughts on Human Dignity – Rev. Robert A. Sirico – June 15, 2010 — Centralization and Civil Society – Dr. Daniel Mahoney – June 16, 2010 — The Federalist...
Review: William F. Buckley Jr.
Lee Edwards calls William F. Buckley Jr. “The St. Paul of the conservative movement.” No other 20th century figure made such a vast contribution to the intellectual force of political conservatism. He paved the way for the likes of Ronald Reagan and all of those political children of Reagan who credit the former president for bringing them into politics. He achieved what no other had done and that was his ability to bring traditional conservatives, libertarians, and munists together under...
Lewis on the Free Society
Last week Acton research fellow Jonathan Witt treated the topic of Tolkien and the free society at the June “Acton on Tap.” I was reminded of this theme when I finished reading C. S. Lewis’ novel, The Lion, the Witch and the Wardrobe (Ed. note: The lack of a serial, or so-called ma in that title bothers me.) to my son last night. There’s a beautiful passage towards the end that illustrates what Lewis thought good government looks like: These...
Blogging Acton U
More great coverage of Acton University. Also check out our Flickr and Twitter (hashtag: #ActonU) feeds in the sidebar. — Carl Sanders, chair of Bible and Theology, at Washington Bible College/Capital Bible Seminary in Lanham, Md., has posts up at Insomniac Memos and 100 Days, 100 Books: A Reader’s Journal. He reviews the foundational lectures: Our final afternoon session was a wide-ranging question section with the panel of presenters from the day. Unlike many such sections, I felt the questions...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved