Abstract

HERNANDEZ-UMANA, Bernardo Alfredo; RODRIGUEZ-RODRIGUEZ, Claudia Marcela  and  ENRIQUEZ-SANCHEZ, José María. Reflections to Rethink the new Latin American Constitutionalism. Nature Matters. Folios [online]. 2023, n.57, pp.199-218.  Epub June 02, 2023. ISSN 0123-4870.  https://doi.org/10.17227/folios.57-16795.

This reflection article is the result of the research project Nature, Culture, Politics and law in Andean America. This had as its starting point the analysis of those issues that keep Andean America subject to a liberal-based legal-political framework -which is built from a certain modern conception of subjectivity- and that keep the colonial structures in their different dimensions (underlining the coloniality of knowledge and being) in the new Latin American constitutionalism. The foregoing together with the continuity of institutional designs characteristic of the predominant liberal tradition in the region. This prevents new backbone constitutionalism of the peoples, nationalities, and cultures that make up the Andean world, as well as its proposals for the field of Law and that, for the case in question, was considered around the rights of Nature, in articulation with the idea of biocultural rights proposed by Kabir Sanjay Bavikatte and Tom Bennett, and the subsequent developments in the judgment T-622 of 2016 of the Constitutional Court of Colombia.

Keywords : biocultural rights; emerging rights; human rights; nature rights; new latin american constitutionalism.

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