2008 Constitution of Ecuador

The Constitution of Ecuador is the supreme law of Ecuador. The current constitution has been in place since 2008. It is the country's 20th constitution.

Following his election as President of Ecuador, Rafael Correa called for a referendum on establishing a Constituent Assembly to write a new constitution for the country, which was held on April 15, 2007 and passed with over 80.0% approval. The elections for the Ecuadorian Constituent Assembly were held on September 30, 2007. With 74 seats, Rafael Correa's political party, PAIS Alliance, won the majority of the 130 available seats. The assembly first convened on November 29, 2007 in Montecristi, and was given six months to write a new constitution, with a possible two-month extension. In late July, 2008, the assembly approved a draft constitution consisting of 494 articles.

When Ecuador began the process of writing a new constitution, they received help from the Community Environmental Legal Defense Fund to draft environmental laws giving nature and ecosystems rights.

The Constitution was approved by the electorate in the constitutional referendum in September 2008 by 63.93% to 28.10%.

The Constitution is the first in the world to recognize legally enforceable Rights of Nature, or ecosystem rights. Article 71-74 prohibits the extraction of non-renewable resources in protected areas. Moreover, the production of monocultures will be avoided for reforestation and rehabilitation of the soil. The state will also protect the intellectual property of collective work based on national biodiversity and begin to recognize the Rights of Nature.

The Constitution prohibits Ecuador from yielding jurisdiction over private trade or contract disputes to external organizations. As a result, Ecuador was forced to withdraw from the International Centre for Settlement of Investment Disputes (ICSID).

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