Work

An end without means? Key concepts of Latin American new constitutionalism and the politics of environmental protection

Year: 2025

Type: article

Abstract: The Latin American new constitutionalism that inspired the Constitutions of Ecuador (2008) and Bolivia (2009) is grounded in the idea that human beings are merely one species among many. Nature, in this conception, has a legal standing that can be enacted by any physical or juridical person acting in its interest. However, a closer reading of key concepts and of the writings of politicians and thinkers advocating Latin American new constitutionalism reveals tensions and contradictions between its utopian aspirations and their implementation through legislation. This paper inquires, adopting a diachronic perspective, and inspired by the History of Concepts, into its key notions, such as buen vivir, sumak kawsay, Pacha Mama, the State, and development, and offers a critical review of the concept’s capacity to be translated into the legal system and legal practice. The analysis shows that the Latin American new constitutionalism has not succeeded in breaking with dominant concepts of the State, market economy, and development.

Source: Revista da Faculdade de Direito UFPR

DOI: 10.5380/rfdufpr.v70i3.95628

Authors: Daniel Cavalcanti Pimentel, Hanna Helena Sonkajärvi

Institutions: Universidade Federal do Estado do Rio de Janeiro, Universidade Federal do Rio de Janeiro

Language: English

Topic: Environmental law and policy

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

OpenAlex ID: W7118189135

FWCI:

Cites: 24

Cited by:

Related to: 10