Indigenous Justice in Bolivia and the Limits of Plurinational Constitutionalism
Indigenous Justice in Bolivia and the Limits of Plurinational Constitutionalism
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Description
This book offers the first in-depth analysis in English of the practical dynamics of the constitutional recognition of Indigenous justice and legal pluralism in Bolivia.
The 2009 Bolivian Constitution was an extraordinary attempt to wrestle the notion of the nation-state away from its European origins to imagine a new form of statehood that fully embeds Indigeneity. This turn to plurinational constitutionalism, in which Indigenous peoples and their traditions are taken to constitute one of the central pillars of the state, recognised Indigenous justice as wholly autonomous from and equal to 'ordinary' justice.
The book unpacks what plurinationality stands for in this context, whether it truly brought about the transformation of social relations, and whether plurinational constitutionalism could be a viable model for other states. It showcases the many interesting and innovative aspects of the Bolivian model, which could be adapted by other countries aiming to implement the right to self-determination of Indigenous peoples more fully. At the same time, the promise of Indigenous justice and plurinational constitutionalism in Bolivia remains partially unfulfilled, for reasons that reflect a combination of local challenges and tensions inherent to the concept of plurinationalism. This book will be of interest to academics, students, practitioners and policymakers working in comparative constitutional law, Latin American studies, legal anthropology, Indigenous studies, and legal pluralism. It suggests a path for reimagining notions such as the rule of law and sovereignty as foundations for a society truer to Indigenous peoples and, more generally, to all its citizens.
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Table of Contents
1. Indigenous Legal Orders and Identities in Bolivia
2. Constitutional Recognition of Indigenous Jurisdiction in Bolivia
3. Mapping Indigenous Legal Orders in Bolivia
4. Statutory and Institutional Challenges to Indigenous Justice
5. Indigenous Justice and Human Rights: Tensions and Possibilities
Conclusion
Product details
| Published | Jan 07 2027 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Pages | 416 |
| ISBN | 9781048001709 |
| Imprint | Hart Publishing |
| Series | Constitutionalism in Latin America and the Caribbean |
| Publisher | Bloomsbury Publishing |
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