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

Format:

Book

Contributor:

Harvey, Colin J., editor.

Schwartz, Alex, 1978- editor.

Series:

Human rights law in perspective ; v. 17.

Human rights law in perspective ; v. 17

Language:

English

Subjects (All):

Civil rights.

Cultural pluralism.

Physical Description:

1 online resource (285 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2012.

Language Note:

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.

Includes bibliographical references and index.

ISBN:

9781847319807

1847319807

9781472566126

1472566122

9781283863421

1283863421

9781847319791

1847319793

OCLC:

823386075