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Is the peruvian constitution neoliberal? The influence of the Washington consensus

*Corresponding author for this work
  • ,
  • Universidad Tecnológica del Perú
    ,
  • Pontificia Universidad Católica del Ecuador (PUCE)
Research Output:
Contribution to journal
Article
Peer-review

Publication Information

Output type

Research Output:
Contribution to journal
Article
Peer-review

Original language

English

Pages from-to (Number of pages)

Pages 14-28 (15 pages)

Journal (Volume, Issue Number)

International Journal of Public Law and Policy (Volume 7, Issue 1)

Publication milestones

  • Published - 2021

Publication status

Published - 2021

ISSN

2044-7663

Publication IDs

  • Scopus: 85105952930

Abstract

In the period between 1980 and 2000, all Latin American constitutions were substantially reformed. Those reforms were, in general, a turn to the economic right and was a regional phenomenon. Nevertheless, it is stated that the Peruvian constitution was one of the most 'neoliberal' in the region. In this article, we will analyse if the Peruvian constitution is one of the most neoliberal constitutions in Latin America. For that, they study the influence of the Washington consensus in the reform of the Peruvian Constitution of 1993. We also study other factors in that reform, in particular, what they call the 'other consensus', which pursues other objectives. Also, we note that the Peruvian constitution was applied by non-liberal actors who imprinted their social ideas in it. In the end, we conclude that the Peruvian constitution was not neoliberal together with other relevant conclusions.

Funding Details

We want to thank professors John Yoo, David Vogel, Daniel Farber, Alison Vicary and Manuel Santos Redondo for their support. We also want to thank Robert Cooter, Thalia Zuñiga and Alonso Villaran for helpful comments to earlier versions of this paper. Finally, we want to thank Eduardo Iñiguez for his research assistance. This research project started in 2010 and was based on ideas related to the rhetoric of constitutional reform in Latin America and the empirical assessment of Rule of Law and Institutional Quality (2013–2016) in Perú (2011–2019). It was supported by Universidad Científica del Sur; Perú, GIDE Research Group (Project IV Regulatory Improvement) – Pontificia Univrsidad Católica del Ecuador; Ecuador, Universidad Tecnológica del Perú; Perú; Universidad de Salamanca, Facultad de Derecho; España and Universidad Andina Simón Bolívar (UASB) Colegio de América; Ecuador.
FundersFunding numbers
Colegio de América
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España and Universidad Andina Simón Bolívar
-
Facultad de Derecho
-
GIDE
-
UASB
-Universidad Científica del Sur-
UTP
-
USAL
-