Larry Cata Backer on Indigenous Peoples, Democracy, and Bolivian Constitutional Reform

From Larry’s great blog, Law at the End of the Day, an excerpt from “Constitutionalism and Indigenous Peoples in the Bolivian Constitution“:

One of the more important wrinkles in this emerging pattern of relationships between the individual and the state involves the constitution of collectives as persons, with rights similar to those available to natural persons. Collective person hood reworks the dynamics of democracy and the constitution of government in a number of respects. In Latin America especially that reinvestment has been focused on the reconstitution of indigenous peoples with political power–not as individuals all belonging to a particular community–but as members of a political collective with an authority greater than any individual, to participate in the political life of states. In the proposed Bolivian constitution, one sees a great example of the progression of state organization along those lines. Bolivians Approve Draft Charter BBC News, Dec. 9, 2007. It is a harbinger of the future and a taste of the tension that constitutionalism will face–even as a formal matter–between the grounding of power in the individual and its exercise only indirectly through collectives sprung up for the purpose of mediating power between the individual and the state. The result will create a greater role for individuals as the fetishes of democratic organization even as individual power increasingly shifts elsewhere.

The introduction of collective rights into constitutional law is a bit of shake-up from the notion of individualism in the American and many other Western constitutions. It will be interesting to see how this plays out.