Black Constitutionalism and the Insurgent Constitutional Subject
Black Constitutionalism; Racism; Constitutional Law; Law.
The concept of Black Constitutionalism emerges as a critical approach to traditional constitutional law, which often overlooks the historical and social realities of Black populations. It proposes a reading of constitutional law from the perspective of the Black experience, particularly in the context of their struggle against structural racism, oppression, and marginalization. In this sense, Black Constitutionalism seeks to challenge the hegemonic narratives that legitimize exclusionary legal and political systems, advocating for a new perspective that recognizes the cultural contributions and resistance of Black people in the creation of fairer and more egalitarian societies. The Insurgent Constitutional Subject, on the other hand, refers to the individual or group that opposes constitutional orders that perpetuate injustice and inequality. This subject does not passively submit to structures of power but actively works to transform the legal and political system. Insurgency, in this context, can be understood both as a movement of active resistance and as a process of reinterpreting constitutional norms in order to create a new paradigm of justice and recognition of Black rights. The intersection of these concepts points to a redefinition of constitutionalism that incorporates the voices and historical struggles of Black people as a fundamental part of the construction of the democratic state and human rights.