Human and minority rights protection by multiple diversity governance : history, law, ideology, and politics in European perspective / edited by Joseph Marko, assistant editor, Sergiu Constantin.

Format:

Book

Author/Creator:

Marko, Joseph, 1955- author, editor.

Contributor:

Marko, Joseph, 1955- editor.

Constantin, Sergiu, editor.

Language:

English

Subjects (All):

Minorities--Legal status, laws, etc--Europe.

Minorities.

Physical Description:

1 online resource (527 pages)

Edition:

1st ed.

Place of Publication:

London ; New York, New York : Routledge : Eurac Research, 2019.

Summary:

Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.

Contents:

Introduction / Joseph Marko

The interrelationship between law, sociology and political sciences / Joseph Marko

The historic-sociological foundations: state formation and nation building in europe and the construction of the identitarian nation-cum-state paradigm / Joseph Marko, Edith Marko-Stöckl, Benedikt Harzl and Hedwig Unger

Law and ideology : the ideological conundrums of the liberal-democratic state / Joseph Marko

Law and sociology: the constructivist and interpretative turn / Joseph Marko

Against annihilation : the right to existence / Joseph Marko and Hedwig Unger

Against assimilation : the right to multiple identities / Joseph Marko, Sergiu Constantin, Günther Rautz, Andrea Carlà and Verena Wisthaler

Against discrimination : the right to equality and the "dilemma of difference" / Joseph Marko

Against marginalization: the right to effective participation / Joseph Marko and Sergiu Constantin

From minority protection to multiple diversity governance : in change of the paradigm / Joseph Marko

Notes:

Includes bibliographical references and index.

CC BY-NC-ND

Description based on print version record.

ISBN:

1-315-54472-5

1-134-83043-2

1-134-83036-X

9781315544724

OCLC:

1081379156