Rule of law versus soft rule of law
Mendez Reátegui, Rubén Carlos
Sumar Albujar, Oscar
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The power of the government rather than limiting it), human rights and democracy. Therefore, this paper will explore the following research questions: 1. Is the current macro legal framework in Peru and Ecuador consistent with what is generally defined as Rule of Law or is it more related to what is known as Soft Rule of Law? 2. To what extend does a theoretical analysis support the prevailing of a Soft Rule of Law in Ecuador and Peru? This paper has been divided into seven sections. Section one refers to a theoretical revision of the term Rule of Law, section two presents on the concept of soft rule of law, section three focuses on human rights as an essential element of the Rule of Law, section four explores the interaction between democracy and the Rule of Law, section five refers to the challenges faced by the Rule of Law in a consolidated democracy, section six presents, as an example, a brief reflection on the current problems of Peru and Ecuador and finally the paper’s conclusions are submitted.
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