Rights in divided societies / edited by Colin Harvey and Alex Schwartz.

Oxford ; Portland, Oregon : Hart Publishing, 2012.
1 online resource (285 p.)
1st ed.
Human rights law in perspective ; v. 17.
Human rights law in perspective ; v. 17

Location Notes Your Loan Policy


Civil rights.
Cultural pluralism.
Electronic books.
"This collection examines the role and value of rights in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. Societies emerging from violent conflict often opt for a bill of rights as part of a wider package of constitutional reform. Where conflict is fuelled by longstanding ethno-national divisions, these divisions are often addressed through group-differentiated rights. Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/post-conflict societies, where the aim of promoting unity is frequently in tension with the need to accommodate difference. In such cases, a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely another venue in which to play out familiar conflicts, further dividing an already divided society. The central questions that animate the collection are: (1) Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? (2) To what extent should divided societies opt for a universalistic package of rights protections, or should the rights be tailored to the specific circumstances of a divided society, providing for special group-sensitive protections for minorities? (3) Is a divided society more or less likely to adopt a bill of rights? (4) How does the judiciary figure in the management or resolution of ethno-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national divisions or other conflicts?"-- Provided by publisher.
Rights versus democracy? : The Bill of Rights in plurinational states / Stephen Tierney
Managing conflict through democracy / Samuel Issacharoff
Ethnicity and competing nations of rights / Yash Ghai
Independent or dependent? : Constitutional courts in divided societies / Sujit Choudhry and Richard Stacey
Judicial empowerment in divided societies : the Northern Ireland bill of rights process in comparative perspective / Alex Schwartz and Colin Harvey
The nature and effects of constitutional rights in post-conflict Bosnia and Herzegovina / David Feldman
Constitutional change and the quest for legal inclusion in Nepal / Mara Malagodi
The Charter of Rights and Freedoms and Canadian unity / Daniel Weinstock
Education, crucifixes and headscarves : the appropriation of meanings and the content of rights in divided societies / Ruth Rubio-Marin and Leonardo Álvarez-Álvarez
Forcing consensus : challenges for rights-based constitutionalism in Chile / Amaya Alvez Marin.
Description based upon print version of record.
Electronic reproduction. London : Bloomsbury Publishing, 2014. Available via World Wide Web. Access limited by licensing agreement.
Includes bibliographical references and index.
Description based on publisher supplied metadata and other sources.
Harvey, Colin J., editor.
Schwartz, Alex, 1978- editor.
Publisher Number:
10.5040/9781472566126 doi