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

• Pubblicazione: Oxford ; ; Portland, Oregon : , : Hart Publishing, , 2012
• Edizione: 1st ed.
• Descrizione fisica: 1 online resource (285 p.)
• Disciplina: 341.48
• Soggetto topico: Civil rights; Cultural pluralism
• Persona (resp. second.): HarveyColin J.; SchwartzAlex <1978->
• 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?"--
• Titolo autorizzato: Rights in divided societies
• ISBN: 1-84731-980-7; 1-4725-6612-2; 1-283-86342-1; 1-84731-979-3
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Lingua di pubblicazione: Inglese
• Record Nr.: 9910786577003321
• Lo trovi qui: Univ. Federico II
• Serie: Human rights law in perspective ; ; v. 17.