The Constitutional Principle of Buen Vivir and its Defiance against Neoliberalism

“We decided to build a new form of civic coexistence, in diversity and harmony with nature, to achieve buen vivir, sumak kawsay; a society that respects, in all its dimensions, the dignity of individuals and communities.”[1]

 

This is a declaration from the preamble of the Constitution of Ecuador highlighting the guiding precept of buen vivir - a constitutional principle quite unique among the world’s fundamental charters. The Institute for Democracy and Electoral Assistance (IDEA) defines constitutions as legal charters that establish the fundamental legal and political framework of a state, outlining government structures, citizens' rights, and the rule of law. Furthermore, constitutions reflect the identity, values, and goals of a society, balancing its legal, social, and political functions to ensure democratic governance and accountability. Ecuador’s Constitution of 2008 is notable in this second respect, since it affirms strong ideas on societal and economic values. Indeed, for this reason IDEA describes Ecuador’s constitution as a “prescriptive constitution”: “a basic charter of the state’s identity, which plays a key role in representing the ultimate goals and shared values that underpin the state”[2]. Ecuador’s strong values - its cultural tenets - are clearly articulated in the guiding principle of buen vivir, which lies at the heart of the Ecuadorian Constitution, expressing good living in harmony with nature and between people. Buen Vivir is a traditional Andean indigenous philosophy on collective well-being, solidarity, and reciprocity. The main goal of this essay is to analyse how the constitutional principle of buen vivir stands in contrast to neoliberal principles, which are more individualistic, extractive and driven by economic growth. Throughout Ecuador’s Constitution, buen vivir defies neoliberal values and challenges a Western neoliberal narrative in several aspects by introducing an alternative model. We will demonstrate our main idea in two steps. Firstly, we will discuss buen vivir’s constitutional origins which are rooted in a defiance of Western economic ideals. Secondly, we will explain buen vivir’s constitutional and anti-neoliberal content.

 

From its creation onwards, the 2008 Constitution and its incorporation of buen vivir was a conscious rejection of a neoliberal outlook. According to IDEA, building a constitution involves achieving wide consensus and a readiness to put aside short-term self-interests to prioritize lasting public values. This process can unfold during what’s known as a "constitutional moment" — a critical period when a country chooses to redefine its structure in a way that promotes inclusivity and shared principles.[3] This “constitutional moment” happened for Ecuador in 2007 and 2008, in revolt against neoliberal ideals. In fact, over the course of many years, as Ecuador engaged in significant crude oil extraction, the country had started to face growing inequality and persistent poverty. In response, social movements began advocating for a different path of development, rejecting the neoliberal model that had been complied with due to the pressure of global forces during the 1980s[4]. Finally, in 2007 and 2008, with worldwide financial difficulties around the world, American hegemony declining, indigenous opposition intensifying, the “pink tide” spreading through several countries in Latin America, and Ecuador having its eighth president in ten years, the tipping point had arrived. Correa’s eventually successful campaign aimed to shift state policy to focus on the needs of Ecuadorians rather than bowing to international influence and neoliberal practices. In 2007, 80% of citizens voted in favour of establishing a Constitutional Assembly for rewriting the Constitution. This shift aimed to address Ecuador's pressing social issues and resist global economic pressures, embodying the desire for a sustainable and culturally resonant national framework. During this period, the new government adopted the concept of buen vivir and integrated it into official development programs, launching the National Plan for Development of 2007–2010, in rejection of neoliberalism which had brought about deeply unpopular policies such as the dollarisation[5]. In this crucial moment of Ecuadorian history, buen vivir served as both a compass and a unifier to this different pathway. IDEA suggests beginning with a pre-constitutional phase of national dialogue to unite political groups in establishing foundational principles.[6] Indeed, by collaborating together, even across borders, the indigenous movements in Ecuador (and Bolivia) could agree and integrated buen vivir into their proposals for their respective constituent assemblies as the principle representing an alternative mode of living. The alignment of interests within Ecuador, along with their indigenous bases, paved the way for the inclusion of the concept of buen vivir as the guiding principle in the newly drafted constitution[7]. Therefore, the whole purpose of buen vivir within the Ecuadorian constitution to begin with was defiance against Western neoliberalism and erecting an alternative model, which eventually put a new and revolutionary constitution in place.

 

Moreover, IDEA describes constitutions as a nation’s "autobiography," reflecting how a society perceives itself and encompassing its customs, conventions, norms, and traditions, rooted deeply in its context[8]. This view aligns with David Trubek's perspective in Law and Development, where he emphasizes that effective policy depends on a nation’s unique context and that legal systems are diverse and closely tied to local history and conditions.[9] Buen vivir in Ecuador’s 2008 Constitution is a representative example of these accounts. Indeed, the Ecuadorian Constitution puts the country’s indigenous roots, hence its tradition, customs and history at the center of its legal system. The charter uses the Kichwa words ‘sumak kawsay’ (i.e. buen vivir) several times, such as in articles 14 or 275, to highlight ideas that were written within their original cultural reference in mind. This philosophy fundamentally contrasts with Western ideologies, which often emphasise individual success and economic gain. As Williford argues, buen vivir “challenges the neoliberal agenda”[10] and is “an alternative model to capitalist modes of development”[11]. Buen vivir focuses on the community instead of the individual, the interdependence between humans and nature, and has a completely different understanding of development. For most indigenous societies in Ecuador, development is not about growth, consumption, or material development but about reciprocity, solidarity, cooperation, and harmony. Therefore, with buen vivir as its centerpiece, the Ecuadorian Constitution effectively defends values highly compatible with Raworth’s influential ideas from her book “Doughnut economics”, which suggests an alternative perspective on economic practices. As Raworth writes: “below the inner ring - the social foundation - lie critical human deprivations such as hunger and illiteracy. Beyond the outer ring … lies critical planetary degradation such as climate change and biodiversity loss. Between those two rings is the Doughnut itself, the space in which we can meet the needs of all within the means of the planet.”[12] The underlying nature of the Ecuadorian Constitution and human rights correspond with Raworth’s questioning of the  neoliberal world view. With buen vivir implanted at its core, the Constitution of Ecuador also defies a version of law, development, and society framed by Western discourse. Buen vivir implements both sides of Raworth’s “doughnut” economic model, in both its natural and social aspects. While norms such as article 323 (education), article 358 (healthcare), article 375 (housing) and article 377 (culture) of the constitution of Ecuador promote living in dignity for all, article 395 (nature), article 400 (biodiversity), article 409 (fertile and clean soil) and article 411 (water) protect the country’s natural environment. The Ecuadorian constitution therefore goes well “beyond the minimum to include social, economic and cultural rights”[13]. Ultimately, no Western legal system goes as far regarding sustainable living, let alone codifies such provisions in their constitution.

 

In conclusion, this essay explored how the principle of buen vivir, embraced by Ecuador’s 2008 constitution, challenges neoliberal values. By placing collective well-being and harmony with nature at the center of its legal framework, buen vivir rejects individualistic and extractive approaches driven by the objective of economic growth. We analyzed this idea by first tracing its constitutional origins defiant of Western economic ideals and secondly by detailing buen vivir's anti-neoliberal content within the constitution. In a world increasingly grappling with climate crises, inequality, and disillusionment with neoliberal economic models, Ecuador's vision of buen vivir offers a powerful reminder that alternative frameworks of governance rooted in collective well-being and environmental harmony are not only possible but essential for a sustainable future. This principle invites other nations to reconsider their priorities and explore more inclusive, ecologically conscious pathways for development - ideas that are becoming ever more relevant in today’s global conversations about social justice and climate responsibility. In doing so, Ecuador’s model of buen vivir challenges the global status quo, advocating for a paradigm shift that values environmental health and social equity as foundational elements of progress.

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[1] Constitution of the Republic of Ecuador (2008), Preamble.

[2] International Institute for Democracy and Electoral Assistance (IDEA), What is a Constitution? Principles and Concepts (2014), 4.

[3] Ibid, 10

[4] Williford, Buen Vivir as Policy: Challenging Neoliberalism or Consolidating State Power in Ecuador (2018), 101.

[5] Beiling, A “Glocal” Genealogy of a Latin American Utopia for the World (2021), 25.

[6] International Institute for Democracy and Electoral Assistance (IDEA), What is a Constitution? Principles and Concepts (2014), 11.

[7] Beiling, A “Glocal” Genealogy of a Latin American Utopia for the World (2021), 25.

[8] Ibid.

[9] Trubek, Law and Development: Forty Years after Scholars in Self-Estrangement (2016), 328.

[10] Williford, Buen Vivir as Policy: Challenging Neoliberalism or Consolidating State Power in Ecuador (2018), 96.

[11]Ibid, 102.

[12] Raworth, Doughnut Economics (2017), 10.

[13] International Institute for Democracy and Electoral Assistance (IDEA), What is a Constitution? Principles and Concepts (2014), 2.