1.

Record Nr.

UNINA9910810823803321

Titolo

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

Pubbl/distr/stampa

Oxford ; ; Portland, Or., : Hart Pub., 2012

ISBN

1-84731-980-7

1-4725-6612-2

1-283-86342-1

1-84731-979-3

Edizione

[1st ed.]

Descrizione fisica

1 online resource (285 p.)

Collana

Human rights law in perspective ; ; v. 17

Altri autori (Persone)

HarveyColin J

SchwartzAlex <1978->

Disciplina

341.48

Soggetti

Civil rights

Cultural pluralism

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

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.

Sommario/riassunto

"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?"--