Modern constitutionalism was born with an unwavering promise: to subject political power to the rule of the Constitution and the law. However, when democratic guarantees collapse and institutional checks and balances are deliberately dismantled, a pathological phenomenon emerges: the Unconstitutional State of Lawlessness (Estado Inconstitucional de No Derecho). In contexts of deep structural crisis, such as the one Bolivia is currently undergoing, this concept ceases to be a theoretical abstraction and becomes a stark reality. It represents the systemic failure of the constituent pact, where the total absence of constitutional institutionalism and the severe erosion of the Rule of Law transform the Constitution into a mere rhetorical facade that covers up and legitimizes arbitrariness.

​The transition toward this collapse does not happen overnight; rather, it is the result of a progressive wear and tear of the republican institutional foundations.

​In Bolivia, the 2009 Political Constitution of the State—designed with a vast catalog of rights, duties, principles, and guarantees, has been gradually emptied of its substantive force, yielding to a structure where de facto power subjugates normative authority and consolidates the country’s institutional erosion.

​This crisis has led to a marked departure from the Supreme Law and has established a system of "parallel legality." Under this framework, the law is relentless against ordinary citizens or political dissidents but supremely elastic and........

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