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    Comparing experiences of constitutional reforms to enshrine the right to water in Brazil, Colombia, and Peru: opportunities and limitations
    (MDPI, 2021-12-01)
    In this paper we compare recent efforts towards the constitutionalization of the right to water in Brazil, Colombia, and Peru to understand the opportunities and limitations related to the attempts to enhance access to piped water to the highest normative level. Peru passed a constitutional amendment in 2017 while Brazil and Colombia have seen much right-to-water activism but have not succeeded in passing such reforms. We explore the role of the existing domestic legal frameworks on drinkable water provision and water management towards the approval of constitutional amendments. We find that all three countries have specialized laws, water governing institutions, and constitutional jurisprudence connecting access to water with rights, but the legal opportunity structures to enforce socio-economic rights vary; they are stronger in Colombia and Brazil, and weaker in Peru. We argue that legal opportunity structures build legal environments that influence constitutional reform success. Legal opportunity structures act as incentives both for social movements to push for reforms and for actors with legislative power to accept or reject them. Our findings also show that in some contexts political cost is a key element of constitutional reforms that enshrine the right to water; therefore, this is an element that should be considered when analyzing these processes.
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    La crisis de la democracia en el Perú, el rol de la justicia y la reforma constitucional
    (Center for Political and Constitutional Studies, 2024-01-30)
    In the last two centuries in Peru, thirteen constitutions have been enacted, but the loyalty of the rulers has been inconsistent. These political charters were adjusted to the needs, including structural and conjunctural changes due to wars and revolutions. In the 21st century, the trend continues with a political crisis triggered by the third call of Congress for the impeachment of President Pedro Castillo in December 2022. There was a failed self-coup attempt, resulting in Castillo’s ouster and the appointment of Vice President Dina Boluarte as his replacement. Nationwide protests and marches demand general elections and a constituent assembly. The crisis has revealed the constitutional conscience of the citizenry, but has also led to the repression and death of people, mainly indigenous. In this context, the constitutional causes of the crisis, the role of the Constitutional Court and the prospects for a solution through constitutional reform are analyzed.
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    Debates sobre bicameralidad: perspectivas y retos
    (Pontificia Universidad Católica del Perú, 2025-12-19)
    This round table discussion examines the return to bicameralism, a reform that has raised new doubts regarding its viability. Although Peru was governed under this system in the past, the main current criticism lies in the fact that this measure was approved despite its rejection by the population in a referendum, which seriously compromises its legitimacy. The authors agree that this change is risky: it alters the balance of powers in favor of the Parliament, increases public spending, and does not ensure faster processes. Ultimately, this reform does not resolve the main problem: Parliament’s lack of representation, a debate from which the reader may draw their own conclusions.
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