A global law of diversity : evolving models and concepts / Nicolò Paolo Alessi.

Format:

Book

Author/Creator:

Alessi, Nicolò Paolo, author.

Series:

Routledge Advances in Minority Studies

Language:

English

Subjects (All):

Minorities--Legal status, laws, etc.

Minorities.

Cultural pluralism.

Culture and law.

Physical Description:

1 online resource (380 pages)

Edition:

First edition.

Place of Publication:

Abingdon, England ; New York, New York : Routledge, [2025]

Summary:

This book provides a global perspective on the accommodation of diversity within constitutional traditions, considering the most innovative approaches and legal instruments of the Global North and Global South. The introduction of the concept "Law of Diversity" is proposed as a theoretical framework to grasp ongoing developments in the area.

Contents:

Cover

Endorsements

Half Title

Series

Title

Copyright

Dedication

Contents

Foreword

Acknowledgments

Introduction: From minorities to diversity: a global inquiry

Diversity and constitutionalism: an introduction

A snapshot of the trends and innovations in the Global North: between macro- and micro-perspectives

The inclusion of the Global South: methodological issues and its theoretical and practical contribution

The theoretical aims of the study

Overview of the chapters

Methodological issues

1 The growing significance of diversity for constitutionalism

Liberal constitutionalism and the centrality of equality

The emerging nation-states: equality, citizenship, and majority rule

Recognition of the legal significance of diversity through treaty mechanisms and federalism

The path toward greater equality and the consolidation of the concepts of minority and indigenous peoples at the international and domestic levels

The emergence of diversity/1: the interwar period, the international minority rights system, its demise, and experiments of non-territorial autonomy

The emergence of diversity/2: the extension of rights in the domestic and international domains and diversity protection through non-discrimination

The emergence of diversity/3: multiple constitutional ideal-typical models for the accommodation of diversity within the framework of democratic constitutionalism

The emergence of diversity/4: minority and indigenous peoples' rights law

2 Models for the accommodation of diversity from liberal and democratic constitutionalism

Models for the accommodation of diversity in the liberal epoch and their targets

An overview of the models for the accommodation of diversity stemming from the democratic turn of constitutionalism.

International law as the source of a general right to existence and survival

Equality and non-discrimination as essential guarantees (also) for minorities

Minority rights and instruments

Indigenous peoples' rights law: some distinctive aspects

3 Innovative macro-perspectives of diversity accommodation

The premises for the evolution of the models for the accommodation of diversity

Innovative macro-perspectives

A Global South macro-perspective to diversity accommodation: emerging constitutional frameworks and their instruments for the accommodation of diversity

The European macro-perspective

Convergences and divergences between the Global North and Global South

4 Innovative instruments for the accommodation of diversity

From theory to practice: emergent instruments for the accommodation of diversity in the Global North

Emerging governance forms of autonomy

A shift toward governance

Functional non-territorial autonomy

Institutional completeness and administrative autonomy in Canada and beyond

Nested federalism(s)

Revitalized inclusive forms of territorial and non-territorial subnational autonomy for diversity accommodation

Legal pluralism as a form of autonomous self-governance

Participatory democracy and democratic innovations: consultative bodies and inclusive, participatory practices between reality and potential

Some preliminary conclusions and open questions on the structure of the emerging instruments

5 Building the "Law of Diversity"

The evolving position of diversity

Diversity and liberal constitutionalism: diversity as a derogation from the constitutional order

Diversity and democratic constitutionalism: diversity as a legitimate exception to the ordinary rule

Diversity and plural constitutionalism: diversity as the general rule.

The concurrent paradigms underlying the treatment of diversity

The notion of paradigm as a guide

The mono-national and the multi-national paradigms: rigidity and homogeneity

The plural paradigm

The "Law of Diversity" as a gate-opener: why a renovated conceptual framework

The "Law of Diversity" as an enabling theoretical standpoint

The "Law of Diversity" as a gate-opener: support for the theoretical proposal from Diversity Studies

The "Law of Diversity" applied: a proposal to classify the instruments for the accommodation of diversity

6 Can federalism help frame the emergent models for the accommodation of diversity?

Main assumptions

Theoretical references: the emergence of a meta-theoretical approach to federalism and its applications

Four approaches to federalism in recent literature

Feder(ation)alism v the meta-theoretical potential of federalism: general overview and first connections with the "Law of Diversity"

Trying to structure the analytical or meta-theoretical perspective of federalism

The "fathers" of the meta-theoretical perspective in the modern literature

Recent accounts dealing with the meta-theoretical perspective explicitly

Federalism and the federal phenomenon: why another definition is not needed and how the concept can be theoretically employed

Federalism and the "Law of Diversity": initial thoughts on the theoretical potential of federalism

Negotiation and asymmetry: a federal model for the "Law of Diversity"

Complex decision-making processes

Definition of areas of jurisdiction in complex policy areas: coordination over division

Conflicts of jurisdictions: Trends and tools for their resolution

Conclusions

The path of the study

A global comparative perspective unveils the variety of legal responses to diversity within the constitutional tradition(s).

Main theoretical proposals and contributions

Federalism and the "Law of Diversity": in search of appropriate concepts for contemporary times

Limitations of the study and points in need of further research

Index.

Notes:

Includes bibliographical references and index.

CC BY-NC-ND

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

9781003493518

1003493513

9781040258057

1040258050

OCLC:

1446298971