El Dilema De La Actividad Minera Y El Buen Vivir, Sumak Kawsay En La Constitución Del Ecuador ¿existe Inconstitucionalidad De Fondo De La Ley De Minería?
Year: 2018
Type: article
Abstract: In the present article, the author describes a structural dilemma present in the Constitution of Ecuador and whose consequences are evident in constitutional jurisprudence, specifically, in the examination of constitutionality of substance and form to the Mining Law (2009). This investigation analyzes the pronouncement of the Constitutional Court of Ecuador, which revolves around the extractive activities and the tension between two legitimate but contradictory valuation options: on the one hand, the interests of social development and economic stability derived from the state property of the non-renewable resources (mining resources); and on the other, the social and sustainability interests of cultural minorities and nature. This tension is evident in the contradiction between the constitutional discourse, whose basis is the state of rights and justice to achieve good living, sumak kawsay; and on the other, the political discourse of national interest, whose basis is the instrumentalization of constitutional discourse for the purposes of social and economic development. The research contrasts constitutional discourse and political discourse and reveals the position of Ecuador’s constitutional jurisprudence and its affinity to hegemonic multicultural constitutionalism of weal sustainability, which impose national interests on the interests of cultural minorities and nature.
Source: Revista Iuris
Author: Parra Suárez, Diego
Institution: University of Cuenca
Language: Spanish
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7216942012