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Vol 22 No 9 Sept/Oct 2017

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Rights in Divided Societies

Edited by: Colin Harvey, Schwartz. Alexander

ISBN13: 9781849461009
Published: July 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



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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 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?”

Subjects:
Human Rights and Civil Liberties, Law and Society
Contents:
1. Introduction 1
Colin Harvey and Alex Schwartz
I. Divided Democracy
2. Rights versus Democracy? The Bill of Rights in Plurinational States
Stephen Tierney
3. Managing Conflict Through Democracy
Samuel Issacharoff
4. Ethnicity and Competing Nations of Rights
Yash Ghai
II. Judicial Independence and Empowerment
5. Independent or Dependent? Constitutional Courts in Divided Societies
Sujit Choudhry and Richard Stacey
6. Judicial Empowerment in Divided Societies: The Northern Ireland Bill of Rights Process in Comparative Perspective
Alex Schwartz and Colin Harvey
III. Post-Conflict Constitutions
7. The Nature and Effects of Constitutional Rights in Post-conflict Bosnia and Herzegovina
David Feldman
8. Constitutional Change and the Quest for Legal Inclusion in Nepal
Mara Malagodi
IV. Pluralism
9. The Charter of Rights and Freedoms and Canadian Unity
Daniel Weinstock
10. Education, Crucifixes and Headscarves: The Appropriation of Meanings and the Content of Rights in Divided Societies
Ruth Rubio-Marín and Leonardo Álvarez-Álvarez
11. Forcing Consensus: Challenges for Rights-based Constitutionalism in Chile
Amaya Alvez Marin

Series: Human Rights Law in Perspective

Proportionality Beyond the Human Rights Act ISBN 9781841137438
To be published April 2018
Hart Publishing
£50.00
£58.33 + £11.66 VAT
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£70.00
Governing (Through) Rights (eBook) ISBN 9781509903832
Published July 2016
Hart Publishing
£41.66 + £8.33 VAT
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Governing (Through) Rights ISBN 9781849467391
Published July 2016
Hart Publishing
£50.00
Discrimination, Equality and the Law ISBN 9781509904990
Published February 2016
Hart Publishing
£21.99
Property and Human Rights in a Global Context ISBN 9781849467261
Published January 2016
Hart Publishing
£60.00
Property and Human Rights in a Global Context (eBook) ISBN 9781509901746
Published January 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781849467278
Published June 2014
Hart Publishing
£24.99
Discrimination, Equality and the Law (eBook) ISBN 9781782252016
Published April 2014
Hart Publishing
£18.32 + £3.67 VAT
(ePub)
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Discrimination, Equality and the Law ISBN 9781841134413
Published April 2014
Hart Publishing
£50.00
Health and Human Rights ISBN 9781841138046
Published August 2013
Hart Publishing
£50.00
Health and Human Rights (eBook) ISBN 9781782251729
Published August 2013
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Rights in Divided Societies (eBook) ISBN 9781847319807
Published July 2012
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Children's Socio-Economic Rights, Democracy and the Courts (eBook) ISBN 9781847318589
Published September 2011
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781841137698
Published September 2011
Hart Publishing
£70.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841139760
Published April 2009
Hart Publishing
£35.99
Making Rights Real: the Human Rights Act in its First Decade ISBN 9781841133539
Published August 2008
Hart Publishing
£55.00
£65.00
£41.99
Terrorism and the Limitation of Rights: The ECHR and the US Constitution ISBN 9781841137636
Published February 2008
Hart Publishing
£70.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841133720
Published August 2007
Hart Publishing
Out of print
Monetary Remedies for Breach of Human Rights: A Comparative Study ISBN 9781841135113
Published November 2006
Hart Publishing
£65.00
Gender, Culture and Human Rights: Reclaiming Universalism ISBN 9781841135137
Published May 2006
Hart Publishing
£60.00
Property and the Human Rights Act 1998 ISBN 9781841132037
Published October 2005
Hart Publishing
£65.00
Human, Rights, Culture and the Rule of Law ISBN 9781841135069
Published September 2005
Hart Publishing
£65.00
Human Rights in the Community: Rights as Agents for Change ISBN 9781841134468
Published April 2005
Hart Publishing
£43.99
Corporations and Transnational Human Rights Litigation ISBN 9781841134574
Published August 2004
Hart Publishing
£45.00