UDTR Global Rights of Nature Radar

Dal Welfare State al Caring State?

Identification

Public canonical key

openalex:w6999406777

Authors

BAGNI, SILVIA

Reported year

2013

Reported language

en

Source type

book-chapter

First detected

2026-11-09T19:04:47.652613+00:00

Last metadata observation

2026-11-09T19:04:47.652613+00:00

Last HTTP verification

Not checked

Documentary abstract — original language

The air of freshness blown into the debate on alternative and sustainable development by the concept of buen vivir is beginning to produce discussions even in the juridical field, involving in particular constitutional comparativists. Ecuador and Bolivia have constitutionalized this concept since the constitutional reforms of 2008 and 2009, but if we try to understand this phenomenon under comparative lenses, we may find traces of institutional change even in countries with different cultural and historical backgrounds, such as Bhutan and South Africa. All these countries have been interested in processes of constitutional (re)foundation and chose similar methods (public discussions and popular participation in the reform process) and contents (inclusion of different cultural traditions and balancing between values such as personal dignity and communitarianism, interculturalism, deep ecology) for their new constitutional systems. \nThe Nuevo Constitucionalismo of andine countries is certainly the most powerful example of this new trend because it offers a complete panorama of all the constitutional instruments applicable: positivization of buen vivir in the Constitution, that is buen vivir is a parameter in constitutional adjudication; introduction of the constitutional rights of buen vivir; Nature as a new subject of rights; universal citizenship; property as a collective right; auto-determination of indigenous people; etc.\nIn different ways and measures, though, even in Bhutan and South Africa it can be see something alike: in Bhutan through the concept of Gross National Happiness and the explicit constitutionalization of the ethical values of Buddhism; in South Africa thorough the use in constitutional interpretation of the traditional concept of ubuntu.\nComparing all the common elements in the experiences analyzed from a normative perspective, even if aware of the different contexts, I propose to read them as the germinal phase of the birth of a new form of State, overcoming the Welfare State towards the Caring State, that is a model of State where the Public cares for each member of the community, but also everyone cares for the other and both the State and each individual care for the environment as a living part of the biotic community.\nThe air of freshness blown into the debate on alternative and sustainable development by the concept of buen vivir is beginning to produce discussions even in the juridical field, involving in particular constitutional comparativists. Ecuador and Bolivia have constitutionalized this concept since the constitutional reforms of 2008 and 2009, but if we try to understand this phenomenon under comparative lenses, we may find traces of institutional change even in countries with different cultural and historical backgrounds, such as Bhutan and South Africa. All these countries have been interested in processes of constitutional (re)foundation and chose similar methods (public discussions and popular participation in the reform process) and contents (inclusion of different cultural traditions and balancing between values such as personal dignity and communitarianism, interculturalism, deep ecology) for their new constitutional systems. \nThe Nuevo Constitucionalismo of andine countries is certainly the most powerful example of this new trend because it offers a complete panorama of all the constitutional instruments applicable: positivization of buen vivir in the Constitution, that is buen vivir is a parameter in constitutional adjudication; introduction of the constitutional rights of buen vivir; Nature as a new subject of rights; universal citizenship; property as a collective right; auto-determination of indigenous people; etc.\nIn different ways and measures, though, even in Bhutan and South Africa it can be see something alike: in Bhutan through the concept of Gross National Happiness and the explicit constitutionalization of the ethical values of Buddhism; in South Africa thorough the use in constitutional interpretation of the traditional concept of ubuntu.\nComparing all the common elements in the experiences analyzed from a normative perspective, even if aware of the different contexts, I propose to read them as the germinal phase of the birth of a new form of State, overcoming the Welfare State towards the Caring State, that is a model of State where the Public cares for each member of the community, but also everyone cares for the other and both the State and each individual care for the environment as a living part of the biotic community.

Identifiers

OPENALEX

W6999406777

HANDLE

11585/185301

Documentary context

Documentary family

Book chapter

Source-reported types

book-chapter

Jurisdictions studied — explicit sources

BO · EC · ZA

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Book bibliographic description

Access status unknown

Sources

OpenAlex · Record 1 · Record 2 · Record 3

• Document · http://hdl.handle.net/11585/185301
• Handle · https://hdl.handle.net/11585/185301
• OpenAlex · https://openalex.org/W6999406777

Documented bibliographic relations

Source-declared references and links; they do not establish legal support or UGLC qualification. Up to 20 outgoing references are displayed.

1 incoming references within the detected corpus

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.