Franklin

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

Publication:
Oxford ; Portland, Oregon : Hart Publishing, 2012.
Format/Description:
Book
1 online resource (285 p.)
Edition:
1st ed.
Series:
Human rights law in perspective ; v. 17.
Human rights law in perspective ; v. 17
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Subjects:
Civil rights.
Cultural pluralism.
Form/Genre:
Electronic books.
Language:
English
Summary:
"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.
Contents:
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.
Notes:
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.
Contributor:
Harvey, Colin J., editor.
Schwartz, Alex, 1978- editor.
ISBN:
1-84731-980-7
1-4725-6612-2
1-283-86342-1
1-84731-979-3
OCLC:
823386075
Publisher Number:
10.5040/9781472566126 doi