The Popular Consultation, a Way to Limit Mining Activity

Abstract

The essay analyzes the figure of popular consultation in the Ecuadorian regime. First, the relationship between environmentalism and mining is contextualized, to then move on to the central discussion. The requirements that a popular consultation proposal must overcome in order to be effectively carried out, with the aim of limiting mining near water sources. Constitutional control is pointed out as the most exhaustive requirement and within this the ambiguities about formal and material control are addressed. For this, an analysis of the most recent opinions of the Constitutional Court on the subject is carried out. In addition, it is debated whether the props that the control requires can be a limitation to the right of citizen participation and how to achieve a balance. It concludes with the affirmation of the possibility of applying a popular consultation to limit mining near water sources, however, the existing obstacles are highlighted.