Ecuadorrs Good Living as a Living Law

Abstract

In 2008 Ecuador reformed its constitution after a prolonged period of economic, social and political crisis. The momentary rupturing of power structures that had limited political participation to small clusters of elites opened political spaces for historically marginalized social groups to engage in the political process of constitutional drafting. As a result of this unprecedented political shift in participation and inclusiveness in the countries power structures, alternative notions of cultural, social and economic rights surfaced. This progressive constitutionalism is thus a novel attempt at overcoming legal formalism in favour of a Living Law. A law that embraces the contextual settings where it will be applied by scrutinizing the historic power structures that have guided it. Good Living as a legal principle underlines the enactment of a Living Law.