UBUNTU AND DE(S)COLONIALITY IN CONSTITUTIONAL JURISDICTION

A DIALOGUE TOWARDS LEGAL TRANSMODERNITY

Abstract

The article's proposal seeks to establish a South-South dialogue between African philosophy based on the ubuntu ideal and Latin American decoloniality as proposals that, incorporated into Western law, enable the construction of a liberating critical political-legal order. Supported by the lessons of Enrique Dussel, the new order that subsumes modernity and, at the same time, incorporates the oppressed and excluded from eurocentric modernity is called transmodern. We then reconstruct how ubuntu's African philosophy is incorporated into law in cases of the South African Constitutional Court and reconfigures the interpretation of traditional eurocentric rights. At the same time, we will demonstrate how decoloniality also carries out a legal philosophy of boundaries, taking some cases from the Plurinational Constitutional Court of Bolivia. Thus, from this dialogue, we conclude that both ubuntu and decoloniality, when incorporated into constitutional jurisdiction, meet the purposes of Dussel's philosophy of going beyond the analetical method, through the exteriority of the modern and eurocentric legal order that is dominating and excluding.