Abstract

This research analyzes four ongoing water conflicts in Jalisco state, Mexico, through the lens of constitutionality. Constitutionality refers to a bottom-up institution building process based on the activation of emic perceptions of people who are often marginalized in policymaking, as well as on alliances with external actors, with the aim of achieving recognition by the state of self-created institutions. Results show that the constitutionality concept helps to link analysis of local people’s resistance movements against top-down water policies with an emerging process of institutional innovation that aims for more sustainable water governance. Local institutional innovations embody the principles of water justice; these are recognized by the state as being part of its own Integrated Water Resources Management (IWRM) policy, and thus find their way into state policy arenas. This analysis provided the basis for the formulation of a conceptual framework that integrates water conflicts, water justice, and IWRM into the concept of constitutionality.

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