Taking Ethno Cultural Diversity Seriously In Constitutional Design

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Taking Ethno-Cultural Diversity Seriously in Constitutional Design

Author : Solomon A. Dersso
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 43,5 Mb
Release : 2012-11-08
Category : Law
ISBN : 9789004235533

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Taking Ethno-Cultural Diversity Seriously in Constitutional Design by Solomon A. Dersso Pdf

Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book defends a robust system of minority rights built around culture, equality and self-determination. This is employed to elaborate an adequate constitutional design providing policy frameworks (multilingual language policy, recognition and affirmation of cultural diversity,), structures (that ensure just representation and participation of members of all groups) and norms (that guarantee substantive equality and the rights to language, religion and culture). The study then proffers two cases studies (South Africa and Ethiopia) to ascertain how such constitutional design might be translated into actual policy frameworks, institutions and norms.

Taking Ethno-Cultural Diversity Seriously in Constitutional Design

Author : Solomon A. Dersso
Publisher : Martinus Nijhoff Publishers
Page : 280 pages
File Size : 55,9 Mb
Release : 2012
Category : Law
ISBN : 9789004205352

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Taking Ethno-Cultural Diversity Seriously in Constitutional Design by Solomon A. Dersso Pdf

Using a legal and multidisciplinary approach towards empirical and prescriptive analysis of contemporary minority rights standards, this book defends and elaborates a robust minority rights framework for articulating a constitutional design responsive to the claims of ethno-cultural groups in Africa.

A Theory of African Constitutionalism

Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
Page : 273 pages
File Size : 43,9 Mb
Release : 2021
Category : Law
ISBN : 9780192893925

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A Theory of African Constitutionalism by Berihun Adugna Gebeye Pdf

A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.

Minority Accommodation through Territorial and Non-Territorial Autonomy

Author : Tove H. Malloy,Francesco Palermo
Publisher : OUP Oxford
Page : 300 pages
File Size : 51,7 Mb
Release : 2015-10-08
Category : Political Science
ISBN : 9780191063589

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Minority Accommodation through Territorial and Non-Territorial Autonomy by Tove H. Malloy,Francesco Palermo Pdf

Minority Accommodation through Territorial and Non-Territorial Autonomy explores the relationship between minority, territory, and autonomy, and how it informs our understanding of non-territorial autonomy (NTA) as a strategy for accommodating ethno-cultural diversity in modern societies. While territorial autonomy (TA) is defined by a claim to a certain territory, NTA does not assume that it is derived from any particular right to territory, allocated to groups that are dispersed among the majority while belonging to a certain self-identified notion of group identity. In seeking to understand the value of NTA as a public policy tool for social cohesion, this volume critically dissects the autonomy arrangements of both NTA and TA, and through a conceptual analysis and case-study examination of the two models, rethinks the viability of autonomy arrangements as institutions of diversity management. This is the second volume in a five-part series exploring the protection and representation of minorities through non-territorial means, examining this paradox within law and international relations with specific attention to non-territorial autonomy (NTA).

The United Nations Declaration on Minorities

Author : Ugo Caruso,Rainer Hofmann
Publisher : Hotei Publishing
Page : 421 pages
File Size : 49,5 Mb
Release : 2015-04-02
Category : Law
ISBN : 9789004251564

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The United Nations Declaration on Minorities by Ugo Caruso,Rainer Hofmann Pdf

Created in order to celebrate the 20th Anniversary of the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992-2012), this publication aims to offer readers a comprehensive review, written by a variety of scholars in the field, of the value and impact of the standards formulated in the Declaration. In so doing, it hopes to stimulate attention for and debate around the Declaration and its principles. The regional perspectives and case studies included further enable the identification of positive initiatives and good practices as well as persistent gaps in the implementation of the standards enshrined in the Declaration.

Land Issues for Urban Governance in Sub-Saharan Africa

Author : Robert Home
Publisher : Springer Nature
Page : 364 pages
File Size : 52,6 Mb
Release : 2020-11-11
Category : Political Science
ISBN : 9783030525040

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Land Issues for Urban Governance in Sub-Saharan Africa by Robert Home Pdf

Sub-Saharan Africa faces many development challenges, such as its size and diversity, rapid urban population growth, history of colonial exploitation, fragile states and conflicts over land and natural resources. This collection, contributed from different academic disciplines and professions, seeks to support the UN Habitat New Urban Agenda passed at Habitat III in Quito, Ecuador, in 2016. It will attract readers from urban specialisms in law, geography and other social sciences, and from professionals and policy-makers concerned with land use planning, surveying and governance. Among the topics addressed by the book are challenges to governance institutions: how international development is delivered, building land management capacity, funding for urban infrastructure, land-based finance, ineffective planning regulation, and the role of alternatives to courts in resolving boundary and other land disputes. Issues of rights and land titling are explored from perspectives of human rights law (the right to development, and women's rights of access to land), and land tenure regularization. Particular challenges of housing, planning and informality are addressed through contributions on international real estate investment, community participation in urban settlement upgrading, housing delivery as a partly failing project to remedy apartheid's legacy, and complex interactions between political power, money and land. Infrastructure challenges are approached in studies of food security and food systems, urban resilience against natural and man-made disasters, and informal public transport.

Reimagining Legal Pluralism in Africa

Author : Anonim
Publisher : BRILL
Page : 514 pages
File Size : 48,6 Mb
Release : 2024-06-06
Category : Law
ISBN : 9789004696747

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Reimagining Legal Pluralism in Africa by Anonim Pdf

This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.

Multiculturalism and the Canadian Constitution

Author : Stephen Tierney
Publisher : Law and Society (Paperback)
Page : 0 pages
File Size : 54,6 Mb
Release : 2008-07
Category : Law
ISBN : 0774814462

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Multiculturalism and the Canadian Constitution by Stephen Tierney Pdf

Canada has often been cited internationally for its success as a multicultural society and for its ability to manage this diversity through a federal constitution. The strands of diversity include the constitutional relationship between English and French Canada, federalism more generally, the status of Aboriginal peoples, Canada’s immigration and integration strategies, affirmative action, and a general guarantee of equal protection for men and women. Together they tell a complex story of pluralism, consolidated through a long and incremental period of constitution-building. Multiculturalism and the Canadian Constitution brings together scholars of cultural diversity from backgrounds in law, political science, and history to address key components of the changing Canadian story: the evolution over time of multiculturalism within Canadian constitutional law and policy; the territorial dimension of Canadian federalism; and the role of constitutional interpretation by the courts in the development of Canada as a multicultural state. Wide-ranging and provocative, the essays illustrate how deeply multiculturalism is woven into the fabric of the Canadian constitution and the everyday lives of Canadians.

Constitutional Design for Divided Societies

Author : Sujit Choudhry
Publisher : OUP Oxford
Page : 496 pages
File Size : 46,7 Mb
Release : 2008-03-27
Category : Law
ISBN : 9780191021510

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Constitutional Design for Divided Societies by Sujit Choudhry Pdf

How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.

Multicultural Citizenship

Author : Will Kymlicka
Publisher : Clarendon Press
Page : 296 pages
File Size : 41,7 Mb
Release : 1996-09-19
Category : Political Science
ISBN : 9780191622458

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Multicultural Citizenship by Will Kymlicka Pdf

The increasingly multicultural fabric of modern societies has given rise to many new issues and conflicts, as ethnic and national minorities demand recognition and support for their cultural identity. This book presents a new conception of the rights and status of minority cultures. It argues that certain sorts of `collective rights' for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity, can be answered. However, Professor Kymlicka emphasises that no single formula can be applied to all groups and that the needs and aspirations of immigrants are very different from those of indigenous peoples and national minorities. The book discusses issues such as language rights, group representation, religious education, federalism, and secession - issues which are central to understanding multicultural politics, but which have been surprisingly neglected in contemporary liberal theory.

Constitutionalism in Context

Author : David S. Law
Publisher : Unknown
Page : 612 pages
File Size : 47,6 Mb
Release : 2022-02-09
Category : Law
ISBN : 9781108674263

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Constitutionalism in Context by David S. Law Pdf

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Ethnicity, Nationhood, and Pluralism

Author : Yash P. Ghai,Jill Cottrell,Global Centre for Pluralism,Global Centre for Pluralism Staff,Katiba Institute,Katiba Institute Staff
Publisher : Unknown
Page : 178 pages
File Size : 40,6 Mb
Release : 2013
Category : Cultural pluralism
ISBN : 9966712380

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Ethnicity, Nationhood, and Pluralism by Yash P. Ghai,Jill Cottrell,Global Centre for Pluralism,Global Centre for Pluralism Staff,Katiba Institute,Katiba Institute Staff Pdf

Intercultural Approaches to Education

Author : Abdeljalil Akkari,Myriam Radhouane
Publisher : Springer Nature
Page : 222 pages
File Size : 49,6 Mb
Release : 2022-02-28
Category : Education
ISBN : 9783030708252

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Intercultural Approaches to Education by Abdeljalil Akkari,Myriam Radhouane Pdf

This open access book provides an analysis of contemporary societies and schools shaped by cultural diversity, globalization and migration. This diversity is necessarily reflected in education systems and requires the promotion of intercultural approaches able to improve learning processes and the quality of education. From an international and comparative perspective, this book first presents theoretical and conceptual foundations for seriously considering cultural diversity. The book also compares intercultural approaches and debates generated in countries as diverse as the United States, Canada, Brazil, Switzerland and France. For each national context, the book addresses both the historical roots of intercultural approaches and the concrete initiatives driven by educational policies for their implementation in schools and classrooms. Finally, the book presents discussions surrounding the treatment of linguistic or religious diversity in schools, the emergence of global citizenship education and the key role of teachers in intercultural approaches. This is an open access book.

Federal Solutions to Ethnic Problems

Author : Liam D. Anderson
Publisher : Routledge
Page : 334 pages
File Size : 40,7 Mb
Release : 2012-11-27
Category : Political Science
ISBN : 9781136176869

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Federal Solutions to Ethnic Problems by Liam D. Anderson Pdf

Exploring five distinct models of federal arrangement, this book evaluates the relative merits of each model as a mechanism for managing relations in ethnically divided societies. Two broad approaches to this issue, accommodation and denial, are identified and, from this, five distinct models of federal arrangement are derived. The models; ethnic, anti-ethnic, territorial, ethno-territorial, and federacy, are defined and then located within their broader theoretical tradition. Detailed case studies are used to evaluate the strengths and weakness of each model and highlight patterns in the success and failure rates of the universe of post-1945 federal arrangements. From this it is clear that two forms of ethnically defined federal arrangement – federacy and ethno-territorial federalism, are associated with low failure rates, while ethnic federalism has enjoyed a far higher rate of failure. The reasons for this are examined and the implications of this for the design of federal systems in ethnically divided societies are assessed. Federal Solutions to Ethnic Problems: Accommodating Diversity advances a new argument within the field of comparative politics, that certain forms of federal arrangement are systematically more successful than others in ameliorating ethnically conflicted societies and is essential reading for students and scholars with an interest in politics and the Middle East.