Courts And Consociations

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Courts and Consociations

Author : Christopher McCrudden,Brendan O'Leary
Publisher : OUP Oxford
Page : 216 pages
File Size : 52,5 Mb
Release : 2013-02-21
Category : Law
ISBN : 9780191665370

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Courts and Consociations by Christopher McCrudden,Brendan O'Leary Pdf

Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.

The 3 Regional Human Rights Courts in Context

Author : Laurence Burgorgue-Larsen
Publisher : Oxford University Press
Page : 577 pages
File Size : 52,7 Mb
Release : 2024-03-14
Category : Law
ISBN : 9780192871459

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The 3 Regional Human Rights Courts in Context by Laurence Burgorgue-Larsen Pdf

The European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights are three supranational jurisdictions that protect human rights. This book is the first comprehensive study to compare the three regional courts. It also considers how they operate as parts of a greater whole.

A Treatise on Northern Ireland, Volume III

Author : Brendan O'Leary
Publisher : Oxford University Press
Page : 576 pages
File Size : 53,9 Mb
Release : 2019-04-11
Category : Political Science
ISBN : 9780192566324

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A Treatise on Northern Ireland, Volume III by Brendan O'Leary Pdf

The Good Friday Agreement deserved the attention the world gave it, even if it was not always accurately understood. After its ratification in two referendums, for the first time in history political institutions throughout the island of Ireland rested upon the freely given assent of majorities of all the peoples on the island. It marked, it was hoped, the full political decolonization of Ireland. Whether Ireland would reunify, or whether Northern Ireland remain in union with Great Britain now rested on the will of the people of Ireland, North and South respectively: a complex mode of power-sharing addressed the self-determination dispute. The concluding volume of Brendan O'Leary's A Treatise on Northern Ireland explains the making of this settlement, and the many failed initiatives that preceded it under British direct rule. Long-term structural and institutional changes and short-term political maneuvers are given their due in this lively but comprehensive assessment. The Anglo-Irish Agreement is identified as the political tipping point, itself partially the outcome of the hunger strikes of 1980-81 that had prevented the criminalization of republicanism. Until 2016 the prudent judgment seemed to be that the Good Friday Agreement had broadly worked, eventually enabling Sinn Féin and the DUP to share power, with intermittent attention from the sovereign governments. Cultural Catholics appeared content if not in love with the Union with Great Britain. But the decision to hold a referendum on the UK's membership of the European Union has collaterally damaged and destabilized the Good Friday Agreement. That, in turn, has shaped the UK's tortured exit negotiations with the European Union. In appraising these recent events and assessing possible futures, readers will find O'Leary's distinctive angle of vision clear, sharp, unsentimental, and unsparing of reputations, in keeping with the mastery of the historical panoramas displayed throughout this treatise.

The Principle of Equality in Diverse States

Author : Eva Maria Belser,Thea Bächler,Sandra Egli,Lawrence Zünd
Publisher : BRILL
Page : 460 pages
File Size : 53,9 Mb
Release : 2021-05-25
Category : Law
ISBN : 9789004394612

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The Principle of Equality in Diverse States by Eva Maria Belser,Thea Bächler,Sandra Egli,Lawrence Zünd Pdf

This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.

Protecting Human Rights and Building Peace in Post-Violence Societies

Author : Nasia Hadjigeorgiou
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 45,9 Mb
Release : 2020-02-20
Category : Law
ISBN : 9781509923441

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Protecting Human Rights and Building Peace in Post-Violence Societies by Nasia Hadjigeorgiou Pdf

This book critically examines the relationship between protecting human rights and building peace in post-violence societies. It explores the conditions that must be present, and strategies that should be adopted, for the former to contribute to the latter. The author argues that human rights can aid peacebuilding efforts by helping victims of past violence to articulate their grievance, and by encouraging the state to respond to and provide them with a meaningful remedy. This usually happens either through a process of adjudication, whereby human rights can offer guidance to the judiciary as to the best way to address such grievances, or through the passing and implementation of human rights laws and policies that seek to promote peace. However, this positive relationship between human rights and peace is both qualified and context specific. Through an interdisciplinary and comparative analysis of four case studies, the book identifies the conditions that can support the effective use of human rights as peacebuilding tools. Developing these, the book recommends a series of strategies that peacebuilders should adopt and rely on.

Politics of Identity in Post-Conflict States

Author : Éamonn Ó Ciardha,Gabriela Vojvoda
Publisher : Routledge
Page : 276 pages
File Size : 49,6 Mb
Release : 2015-12-14
Category : Political Science
ISBN : 9781317483557

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Politics of Identity in Post-Conflict States by Éamonn Ó Ciardha,Gabriela Vojvoda Pdf

Ireland and the Balkans have come to represent divided and (re)united communities. They both provide effective microcosms of national, ethnic, political, military, religious, ideological and cultural conflicts in their respective regions and, as a result, they demonstrate real and imaginary divisions. This book will specifically focus on the history, politics and literature of Bosnia-Herzegovina and Northern Ireland, while making comparative reference to some of Europe’s other disputed and divided regions. Using case-studies such as Kosovo and Serbia; Lithuania, Germany, Poland, Russia and Belarus; Greece and Macedonia, it examines ‘space’, ‘place’ and ‘border’ discourse, the topography of war and violence, post-war settlement and reconciliation, and the location and negotiation of national, ethnic, religious, political and cultural identities. The book will be of particular interest to scholars and students of cultural studies, history, politics, Irish studies, Slavonic studies, area studies and literary studies.

A Treatise on Northern Ireland

Author : Brendan O'Leary
Publisher : Oxford University Press, USA
Page : 505 pages
File Size : 42,6 Mb
Release : 2019
Category : History
ISBN : 9780198830580

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A Treatise on Northern Ireland by Brendan O'Leary Pdf

The third volume of the definitive political history of Northern Ireland.

Eternity Clauses in Democratic Constitutionalism

Author : Silvia Suteu
Publisher : Oxford University Press
Page : 338 pages
File Size : 48,6 Mb
Release : 2021-04
Category : Law
ISBN : 9780198858867

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Eternity Clauses in Democratic Constitutionalism by Silvia Suteu Pdf

This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.

Education Policy and Power-Sharing in Post-Conflict Societies

Author : Giuditta Fontana
Publisher : Springer
Page : 317 pages
File Size : 42,8 Mb
Release : 2016-08-24
Category : Education
ISBN : 9783319314266

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Education Policy and Power-Sharing in Post-Conflict Societies by Giuditta Fontana Pdf

This book explores the nexus between education and politics in Lebanon, Northern Ireland, and Macedonia, drawing from an extensive body of original evidence and literature on power-sharing and post-conflict education in these post-conflict societies, as well as the repercussions that emerged from the end of civil war. This book demonstrates that education policy affects the resilience of political settlements by helping reproduce and reinforce the mutually exclusive religious, ethnic, and national communities that participated in conflict and now share political power. Using curricula for subjects—such as history, citizenship education, and languages—and structures like the existence of state-funded separate or common schools, Fontana shows that power-sharing constrains the scope for specific education reforms and offers some suggestions for effective ones to aid political stability and reconciliation after civil wars.

Collective Equality

Author : Limor Yehuda
Publisher : Cambridge University Press
Page : 355 pages
File Size : 44,5 Mb
Release : 2023-04-30
Category : Law
ISBN : 9781316514825

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Collective Equality by Limor Yehuda Pdf

This book develops 'Collective Equality' as a new theoretical basis for the law of peace and for transitional justice.

The European Convention of Human Rights Regime

Author : Dia Anagnostou
Publisher : Taylor & Francis
Page : 241 pages
File Size : 51,9 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781000688689

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The European Convention of Human Rights Regime by Dia Anagnostou Pdf

Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities.

Jus Post Bellum

Author : Carsten Stahn,Jennifer S. Easterday,Jens Iverson
Publisher : Oxford University Press
Page : 610 pages
File Size : 42,7 Mb
Release : 2014-02
Category : Law
ISBN : 9780199685899

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Jus Post Bellum by Carsten Stahn,Jennifer S. Easterday,Jens Iverson Pdf

Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.

Litigating Religions

Author : Christopher McCrudden
Publisher : Oxford University Press
Page : 225 pages
File Size : 40,8 Mb
Release : 2018
Category : Law
ISBN : 9780198759041

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Litigating Religions by Christopher McCrudden Pdf

Human rights literature has tended to exclude religious foundations from the realm of human rights. This has led to a lack of progress which confuses our understanding of the relationship between human rights and religion: this book argues that by paying close attention to developments in human rights litigation we can make theoretical progress.

Research Handbook on International Law and Social Rights

Author : Christina Binder,Jane A. Hofbauer,Flávia Piovesan,Amaya Úbeda de Torres
Publisher : Edward Elgar Publishing
Page : 592 pages
File Size : 46,5 Mb
Release : 2020-08-28
Category : Law
ISBN : 9781788972130

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Research Handbook on International Law and Social Rights by Christina Binder,Jane A. Hofbauer,Flávia Piovesan,Amaya Úbeda de Torres Pdf

This comprehensive Research Handbook offers a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights.