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Ricerche giuridiche | Vol. 9 | Issue 1 | June 2020

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Research Article

A postmodern account on cultural pluralism and harmony. Comparing the constitutional experiences of Bolivia and Nepal

Comparing the Constitutional Experiences of Bolivia and Nepal

Serena Baldin    Professore associato di Diritto pubblico comparato nell'Università di Trieste, Italia    

Pasquale Viola    Assegnista di ricerca nell’Università di Bologna, Italia    

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abstract

Cultural pluralism and the legal acknowledgment of diversity are currently pervasive topics within comparative constitutional law debates. From the post-Westphalian conception of the nation-state, contemporary and avant-garde forms of constitutionalism in Latin America and South Asia had to struggle with the colonialism’s legacy of monoculturalism, claiming for a proper space for their autochthonous traditions within the legal systems. To this extent, the constitutional experiences of Bolivia and Nepal represent suitable examples to “re-think” the role of culture through a less legalistic approach. From these assumptions, the article aims to verify whether the concept of harmony within the constitutional frameworks of pluralistic societies could be considered as one of the main features of their legal systems (or even the funding myth of the state) within intercultural/multicultural approaches to diversity.

Published
June 15, 2020
Submitted
Feb. 18, 2021
Language
EN

Keywords: Interculturalism; Multiculturalism; Legal Comparis

permalink http://doi.org/10.30687/Rg/2281-6100/2020/01/002

Copyright: © 2020 Serena Baldin, Pasquale Viola. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.