Introduction: The constitution, the state, and the law and the epistemologies of the South / Boaventura de Sousa Santos -- Conclusion. Issa G. Shivji -- Healing a wounded Islamic constitutionalism : Sharia, legal pluralism, and unlearning the nation-state paradigm / Asifa Quraishi-Landes -- Nihilisms, contradictions and anomie in new constitutionalisms : a view from India / Upendra Baxi -- Indigenous women: towards a new transformative constitutionalism? / Rosalva Aida Hernandez Castillo-- Modern constitutionalism, legal pluralism and the waste of experience / Sara Araujo-- Legacies and latitudes : past, present and future in South Africa's post-colonial legal order / Heinz Klug -- Shared expeiences from South Africa Constitutional Court / Albie Sachs -- On settler colonialism and post-conquest constitutionness : the decolonising constitutional vision of African Nationalists of Azania/South Africa / Tshepo Madlingozi -- Can silence be a constituent? A reading on the indigenous-communitarian constitutionalism of Bolivia / Salvador Schavelzon -- Plurinational constitutionalism : plurinationality from above and plurinationality from below / Raul Llasag -- Transformational constitutionalism, interculturality and the reform of the state : looking through the eyes of the originary peoples / Nina Pacari -- Participation and presidentialism in the Ecuadorian Constitution of 2008 / Agustin Grijalva -- Transforming transformative constitutionalism. Lessons from the political-legal experience of Cheran, Mexico / Orlando Aragon Andrade-- The Law of the Excluded : Indigenous justice, plurinationality, and interculturality in Bolivia and Ecuador / Boaventura de Sousa Santos -- Conclusion.
Summary:
"The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law "capitalism, colonialism, and heteropatriarchy" alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.