Abstract

ABSTRACT:

Post-authoritarian Latin America has seen a set of constitutional reforms that would transform neo-colonial orders into newly founded multicultural or plurinational States. Such legal-political shifts would allow indigenous peoples to gain voice and vote both within the realm of State architectures and by means of pluralisms, paying due regard to their very own constituencies. This article explores the possibilities of transferring such novel constitutional logics into into European Ius Commune which currently demonstrates certain deficiencies owing to its conservative approach towards minority rights, including equality and non-discrimination provisions. Politics of recognition and difference require the redefinition of domestic constitutional law and regional frameworks. A few elements are introduced here to live up to such transformations, most notably processes of 1) principleization, 2) proceduralization, 3) specialization, 4) constitutionalization, and 5) pluralization.

pdf

Additional Information

ISSN
1085-794X
Print ISSN
0275-0392
Pages
pp. 790-816
Launched on MUSE
2020-11-20
Open Access
No
Back To Top

This website uses cookies to ensure you get the best experience on our website. Without cookies your experience may not be seamless.