Intercultural Weighting and Dialogue. Jurisprudence and Practice of the Plurinational Constitutional Court

Abstract

The Plurinational Constitutional Court (TCP) has established through the Plurinational Constitutional Sentence (SPC) SCP 1422/2012 and SCP 0722/2018 S4, the so-called “test of the living well paradigm”, in which it has established the criteria for an intercultural dialogue and interpretation of rights and conditions for an intercultural weighing of rights, which presents an appropriation of the technique of weighing typical of the current called post-positivism; however this appropriation exceeds the modern rationality matrix of this technique and enables the possibility of a different understanding of the pondering from the margins of the so-called “intercultural translation”. This article is based on a theoretical review of the conditions of weighting and, in particular, intercultural weighting, based on the review of the TCP sentences that have developed (in part) the “living well paradigm test”; the findings has been also qualified with conversations which are result of unstructured interviews carried out with officials of the TCP Technical and Decolonization Secretariat, regarding the scope and development of intercultural dialogue that is a necessary condition for intercultural interpretation and weighting.