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4 Notre Dame J. Int'l & Comp. L. 19 (2013-2014)
Multiculturalism and Constitutionalism in Latin America

handle is hein.journals/ndjicl4 and id is 25 raw text is: Multiculturalism and Constitutionalism in Latin
America
Jose Antonio Aguilar Riverat
I    The Poverty of Multiculturalism.............. .             .    .  .  .. 20
II   The Presence of the Past......     .. .. .. ......   .    .  .  .. 24
III  The Sirens of Multiculturalism............ .          .    .  .  .  .  .  . . 31
IV   Conclusion.      ...................             .    .  .  .  .  .  .  .  .  .. 43
Abstract
Jos6 Antonio Aguilar Rivera discusses recent reforms to the constitutions
of several Latin American states. According to Aguilar Rivera, these reforms
tend to recognize and protect the multiethnic and multicultural nature of
Latin American socieites. While acknowledging that some have lauded these
changes as progressive moves towards a more developed form of democ-
racy, Aguilar Rivera reaches the opposite conclusion. He argues that these
trends in Latin American constitutionalism represent an authoritarian re-
gression rather than an enhancement of democracy. Aguilar Rivera begins
by discussing and critiquing prevalent Western theories of multiculturalism,
particularly the versions set forth by Canadian theorists Charles Taylor, Will
Kymlicka, and James Tully. He then proceeds to contextualize the discus-
sion of multiculturalism within the framework of Latin American consti-
tutionalism, providing an overview of the history of constitutional devel-
opment in Latin America. Following this contextualization is a discussion
and a criticism of recent Latin American constitutional reforms aimed at
protecting minority cultures. Drawing on examples from Colombia, where
courts, wishing to respect the autonomy of indigenous communities, have
permitted those communities to practice forms of criminal adjudication and
punishment that Aguilar Rivera views as inimical to the values of a liberal
democracy. Ultimately, Aguilar Rivera determines the efforts to protect mul-
ticulturalism in Latin America to be a toxic cocktail of cultural relativism
and accommodation.
t Professor and researcher in political science, Centro de Investigaci6n y Docencia Economica
(CIDE). Fellow of the Kellogg Institute for International Studies at the University of Notre Dame for
the 2012-2013 academic year. PhD, University of Chicago. Researcher on electoral processes and
voter behavior, liberalism, multiculturalism, and republicanism.

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