Abstract

ARIZA SANTAMARIA, Rosembert; FORERO MEDINA, Henry  and  FONSECA SANDOVAL, José Daniel. Legal colonialism: reframing and updating dispossession, extractivism, and dependency in the ecological-political phase of peripheral neoliberalism. Rev. Jur. Der. [online]. 2025, vol.14, n.22, pp.117-134.  Epub Oct 10, 2025. ISSN 2413-2810.

Ruling SU-095 DE 2018 decided to end the legal effects that popular consultations had on confronting mega mining and energy projects in Colombia. The decision not only openly contradicts previous rulings by this body, such as the 2016 ruling that expressly stated that municipalities were empowered to prevent the advancement of mining projects through popular consultations (Constitutional Court of Colombia, Sixth Review Chamber, Ruling T-445/16 ), but also expresses the concretization of the process that Wendy Brown called the dissemination of neoliberal rationality. This jurisprudential analysis also draws on the perspective of Michel Foucault, which allows us to interpret locally the category of constitutional waves and their effects on the discursive status, which is essentially the main issue to be reviewed when addressing, from our perspective, in our time and space, the grammatical power of constitutional neoliberalism.

Keywords : Legal colonialism; extractivism; dispossession; dependency.

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