Multicultural Constitutions
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Oxford University Press
Abstract
Abstract This chapter aims to describe and analyse the conceptual and legal structure of multicultural Latin American constitutions. It seeks to present and examine the axes that shape the normative framework that recognizes cultural difference and the way in which intercultural relations are regulated. To achieve this, it offers three theses. First, it argues that Latin American multicultural constitutions can be divided into two groups: liberal constitutions and radical constitutions. Second, it argues that the two groups of multicultural constitutions are structured by the grammar of modern constitutionalism. Third, despite their common conceptual framework, radical constitutions differ from the liberal ones in terms of the detail, precision, and importance of the legal norms that regulate cultural diversity. These constitutions also include two elements beyond the grammar of modern constitutionalism: the idea of good living and the rights of nature.