Roger Merino
Constitution-Making in the Andes
[Verfassungsbildung in den Anden: Ein dekolonialer Ansatz an den vergleichenden Verfassungswandel.]
Section: Focus: Decolonial Comparative Law
Volume 86 (2022) /
Issue 1,
pp. 226-253
(28)
Published 17.01.2022
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Summary
How might the field of comparative constitutional change account for constitution-making processes and outcomes forged by historically subordinated and racialized social movements? Inspired by critical comparative approaches to constitutional change and engaging decolonial theory, this article explores how in the Andes of South America the “colonial question” shaped constitution-making struggles and was the rationale behind the enactment of the new plurinational constitutions of Bolivia (2009) and Ecuador (2008). This study focuses on the political aspirations of subaltern actors that have promoted constitutional changes in these settings and localizes their struggles and the historical and social context of continuous colonial grievances. Thus, the article provides a deeper understanding of the process of constitution-making in the Andes and reveals the colonial patterns that persist in current frameworks, such as the constitutional provisions that legitimate and perpetuate extractivism.