Inequality and discontent: a comparative constitutional law inquiry on South Asia and Latin America

The constitutional struggle against (formal and substantial) inequalities is marked by the revival of cultural and ethnic factors, leading to a sort of ‘domestic ethnic implants’, due to the necessary acknowledgment of culture-specific rules which prove stronger than state law, in opposition to mere positive law. In the light of the previous considerations, this chapter deals with the contemporary background of ‘cultural discontent’ and the constitutional protection of minorities in some significant Asian and Latin-American experiences. The analysis will be conducted through a multidisciplinary comparative law approach and the exploration of the relevant constitutional provisions, in order to focus on the dialogue between the ‘ethnic factor’ and the constitutional order.