An approach to the plurinational state and the rule of law: dichotomy between indigenous law and ordinary law

Abstract

Since the recognition of indigenous justice in the Ecuadorian constitution of 1998, a series of debates concerning its scope, limits, and practices have emerged. The social and political implications of the indigenous peoples' customs have such transcendence that they challenge a Constitutional State of Laws concept. This paper proposes an analysis of the conflicts that arise from the convergence of two systems of justice within the same territory. Furthermore, it offers a study on the evolution of the Rule of Law's concept linked to plurinationalism and multiculturalism. To conclude, it analyzes the violation of these communities' right to culture due to the constitutional limitations on indigenous justice.