UDTR Global Rights of Nature Radar

The split ladder of policy problems, participation, and politicization: constitutional water change in Ecuador and Chile

Identification

Public canonical key

doi:10.1007/s10784-024-09644-y

Authors

Margot Hurlbert · Joyeeta Gupta

Reported year

2024

Reported language

en

Source type

article

First detected

2026-11-09T19:20:02.945933+00:00

Last metadata observation

2026-11-09T19:20:02.945933+00:00

Last HTTP verification

Not checked

Institutions reported by the source

University of Amsterdam · University of Regina

Documentary abstract — original language

There is debate about whether complex problems should be addressed technocratically or whether they should be politicized. While many tend to favour technocratic decision-making and evidence based policy, for others politicization of policy problems is fundamental for significant policy change. But politicization does not always lead to problem solving. Nor is it always necessary. This paper addresses the question: Under what circumstances should problems be politicized, and what is the effect of such politicization? It adds politicization, through windows of opportunity, to the split ladder of participation to assess policy change through two case studies: successful and unsuccessful constitutional change in Ecuador (2008) and Chile respectively (2022). It argues that where there is no agreement on either science or policy, politicization is required to address lack of consensus in values, but constitutional protection is needed to protect minorities and the vulnerable, their access and human right to water. De-politicization stymies policy change potentially harming democracy. This paper argues for a citizen engaged exploration of the complex problem of climate change and its impacts on water, but a targeted politicization coincident with, but developed well in advance of, windows of opportunity. Moreover, policy framing correlated with complex problems continues to be a key consideration. Furthermore, alliances of disparate actors, elections of new political leaders and considerations of property rights and justice issues are paramount. Significant constitutional policy change reflects social learning, but subsequent court actions by policy entrepreneurs is required to effectively implement this change. Framing constitutional change to protect rights to water and effect international agreements (including the Warsaw International Mechanism under the climate change regime) advances water justice and may increase success.

Identifiers

OPENALEX

W4399815875

DOI

10.1007/s10784-024-09644-y

Documentary context

Documentary family

Scholarship

Source-reported types

article

Jurisdictions studied — explicit sources

CL · EC

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2 · Record 3

• Document · http://dx.doi.org/10.1007/s10784-024-09644-y
• DOI · https://doi.org/10.1007/s10784-024-09644-y
• OpenAlex · https://openalex.org/W4399815875

Documented bibliographic relations

Source-declared references and links; they do not establish legal support or UGLC qualification. Up to 20 outgoing references are displayed.

• openalex:w1084541744 · CITES
• openalex:w136787778 · CITES
• openalex:w1565196090 · CITES
• openalex:w1863240821 · CITES
• openalex:w1976759885 · CITES
• openalex:w2003934805 · CITES
• openalex:w2004723620 · CITES
• openalex:w2008373375 · CITES
• The rights of nature in Ecuador: the making of an idea · CITES
• openalex:w2027503960 · CITES
• openalex:w2053849302 · CITES
• openalex:w2060392380 · CITES
• openalex:w2069640023 · CITES
• openalex:w2075280953 · CITES
• openalex:w2098182462 · CITES
• openalex:w2110978299 · CITES
• openalex:w2132430904 · CITES
• openalex:w2148804058 · CITES
• openalex:w2157863915 · CITES
• openalex:w2162783384 · CITES

0 incoming references within the detected corpus

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.