ABSTRACT

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.

chapter |25 pages

Introduction

The Constitution, the State, the Law and the Epistemologies of the South

part I|95 pages

The Vast Landscape of Constitutionalisms

chapter 1|5 pages

Do Constitutions Matter?

The Dilemma of a Radical Lawyer 1

chapter 2|26 pages

Healing a Wounded Islamic Constitutionalism

Sharia, Legal Pluralism, and Unlearning the Nation-State Paradigm

chapter 4|21 pages

Indigenous Women

Towards a New Transformative Constitutionalism? * 1

part II|69 pages

Post-Colonial Transitions: The Case of South Africa

chapter 6|23 pages

Legacies and Latitudes

Past, Present and Future in South Africa's Post-colonial Legal Order

chapter 8|24 pages

On Settler Colonialism and Post-Conquest Constitutionness

The Decolonising Constitutional Vision of African Nationalists of Azania/South Africa

part III|132 pages

The Return of the Abyssally Excluded?

chapter 9|19 pages

Can Silence Be a Constituent?

A Reading of the Indigenous Communitarian Constitutionalism of Bolivia

chapter 10|26 pages

Plurinational Constitutionalism

Plurinationality from Above and Plurinationality from Below *

chapter 11|15 pages

Transformational Constitutionalism, Interculturality and the Reform of the State

Looking through the Eyes of the Originary Peoples

chapter 13|17 pages

Transforming Transformative Constitutionalism

Lessons from the Political-Legal Experience of Cherán, Mexico * 1

chapter 14|35 pages

The Law of the Excluded

Indigenous Justice, Plurinationality and Interculturality in Bolivia and Ecuador