ABSTRACT

This chapter compares how Bolivia and Ecuador have addressed the challenges posed by the official recognition of legal pluralism since the adoption of their most recent constitutions. It examines the status of indigenous normative orders vis-a-vis the state legal system the competences of indigenous legal authorities the limits imposed on indigenous legal practice the incorporation and representation of indigenous norms and authorities within the state justice system and the mechanisms established to coordinate the distinct legal spheres. The laws examines some institutions such as the Bolivian Plurinational Constitutional Court will take time to establish a modus operandi. Both Bolivia and Ecuador share a history of political crisis and institutional instability, which has stood in the way of sustained and coherent public policy-making and of ensuring that the state has a stable qualified staff and expertise. The Ecuadorian constitution also calls for a reform of the former Constitutional Court.