UID:
edocfu_9959202288702883
Format:
1 online resource (285 p.)
Edition:
1st ed.
ISBN:
1-84731-980-7
,
1-4725-6612-2
,
1-283-86342-1
,
1-84731-979-3
Series Statement:
Human rights law in perspective ; v. 17
Content:
"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?"--
Note:
Description based upon print version of record.
,
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.
,
Also issued in print.
,
English
Additional Edition:
ISBN 1-84946-100-7
Language:
English
DOI:
10.5040/9781472566126
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