An edition of Rights in divided societies (2012)

Rights in divided societies

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Last edited by MARC Bot
November 8, 2025 | History
An edition of Rights in divided societies (2012)

Rights in divided societies

"This collection examines the role and value of domestic rights instruments 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 long-standing 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. Similar controversies continue to play out in Bosnia-Herzegovina and Northern Ireland. 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 are 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) How does the judiciary figure in the management or resolution of ethno-national conflict? (4) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national conflict?--P. [i].

Publish Date
Publisher
Hart Pub.
Language
English
Pages
273

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Cover of: Rights in divided societies
Rights in divided societies
2012, Hart Pub.
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Book Details


Table of Contents

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.

Edition Notes

Includes bibliographical references and index.

Published in
Oxford, Portland, Or
Series
Human rights law in perspective -- v. 17, Human rights law in perspective -- v. 17.

Classifications

Library of Congress
K3240 .R548 2012, K3240, K3240 .R55 2012

The Physical Object

Pagination
x, 273 p.
Number of pages
273

Edition Identifiers

Open Library
OL30733982M
ISBN 10
1849461007
ISBN 13
9781849461009
LCCN
2012474063
OCLC/WorldCat
727704234

Work Identifiers

Work ID
OL22759443W

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