Costituzionalismo differenziale e identità indigene: Il laboratorio boliviano nella comparazione

Authors

Laura Alessandra Nocera
University of Milan, Milan, Italy
ORCID logo http://orcid.org/0000-0003-3260-5875
Keywords: Public Comparative Law, Constitutions, Constitutionalism, Intercultural Constitutionalism, Differential Constitutionalism, Multinational Constitutionalism, Legal Pluralism, Indigenous Peoples, Latin-American Nuevo Constitucionalismo, Bolivia

Synopsis

The book aims to reconstruct, with a interdisciplinary approach in a comparative methodology, the evolution of Bolivian institutions, from independence to the present days, in the light of the indigenous element as a legal interpretative parameter. After a first denial and a forced assimilation, the indigenous element was integrated into the institutions until it became central to the construction of an alternative constitutionalism to the Western model. The dissertation outlines three Latin American constitutional cycles. For each constitutional cycle, the common lines and the differences with Western constitutionalism are analysed, referring to the importance attributed to the indigenous element, since to a detailed analysis of intercultural and multinational constitutionalism of the 2009 Bolivian constitution. The indigenous element is fundamental because it becomes a source of national law, thus giving rise to a plural juridical model that starts from the community, and the traditional and ancestral culture of the indigenous people. It also challenges the Western individual constitutionalism, only founded on the supremacy of human rights.

Downloads

Download data is not yet available.

Author Biography

Laura Alessandra Nocera, University of Milan, Milan, Italy

Laura Alessandra Nocera is a Post-Doc Fellow at the University of Milan, whereas she studied the actual tendencies of the Latin-American constitutionalism and the protection of the rights of indigenous peoples and of the indigenous customary law. She is also Adjunct Professor in Transnational Constitution-Making at the master’s degree in International Relations (REL), Faculty of Political, Economic and Social Sciences, University of Milan. Graduated with a master’s degree in Law, she received a PhD degree in Law and Humanities at the University of Insubria (Varese – Como), defending a dissertation about the right of indigenous peoples to a communitarian ownership of their ancestral lands. Speaker and discussant in various international conferences, she is author of some essays regarding the Constitutional Comparative Law and written in Italian, English, and Spanish. She is the Head of the Editorial Staff of the Scientific Journal “New Authoritarian Regimes and Democracies: Law, Institutions, and Society” (NAD-DIS), and she is analyst and web editor of the Observatory about New Authoritarian Regimes and Democracies.

Published
June 30, 2022

Details about the available publication format: PDF

PDF
ISBN-13 (15)
979-12-80325-64-8

Details about the available publication format: Epub

Epub
ISBN-13 (15)
979-12-80325-66-2

Details about the available publication format: BUY

BUY
ISBN-13 (15)
979-12-80325-60-0