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  • Print publication year: 2020
  • Online publication date: February 2020

5 - Two Steps “Forward,” One Step “Back”?

from Part I - The Problem of Transformation in Constitutional Design

Summary

Ecuador’s 2008 Constitution serves as a valuable case study for understanding the implementation dynamic created by a highly transformative constitution. Implementation of such a constitution demands a good deal from the government but also affords the government considerable discretion as to how it should prioritize the realization of the new constitution’s myriad requirements. Ecuador’s experience since the enactment of the 2008 Constitution demonstrates how this weighty blend of implementation costs and discretion over priorities can result in a need for constitutional corrections, after missteps in implementation have become clear. These corrections may take the form of political action, popular protests, and ultimately, revision of the constitution itself.

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