Abstract

CLAVERO, Bartolomé. Constitutionalism and colonialism in the Americas: the lost paradigm in constitutional history. Rev. hist. derecho [online]. 2017, n.53. ISSN 1853-1784.

Here is the transcript of a lecture that takes as its starting point a couple of very plain ideas: Constitutionalism is an American rather than a European invention; furthermore, it comes out of a project to reinforce colonialism, not to achieve decolonization. From this perspective history is checked; namely, the one ranging from pre-independence imperial attempts, both British and Spanish, at a subordinate inclusion of indigenous peoples to the implementation of a sort of constitutionalism which more efficiently recycles the very colonial status. The point of arrival is not just constitutional, but also international, that of the recent turns towards granting indigenous peoples the right to self-determination. International, under the law of nations, was the starting point as well. The lecture finally wonders whether, between constitutional law and international law, all this entail a new historical paradigm.

Keywords : Constitutionalism; Colonialism; International law; Constitutional decolonization.

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