Rights in Divided Societies (Human Rights Law in Perspective)

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9781849461009: Rights in Divided Societies (Human Rights Law in 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. Designed for human rights academics, this interesting study examines the role and value of domestic rights instruments in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. The central questions that animate the collection are: Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? * 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? * How does the judiciary figure in the management or resolution of ethno-national conflict? * What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national conflict? (Series: Human Rights Law in Perspective - Vol. 17)

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About the Author:

Colin Harvey is Professor of Human Rights Law, Queen's University Belfast. Alex Schwartz is a Banting Fellow in the Department of Political Studies at Queen's University, Kingston, Canada.

Review:

. the contributions are all well written and offer the reader an understanding of the challenges of human rights and constitutionalism within divided societies. Moreover, this volume is rich in its thematic and geographic analysis. The use of concrete examples drawing on case studies from around the world is highly useful. It not only increases our appreciation of somewhat abstract debates of the issue and concretizes them, but it also allows the readers to reflect upon how different theories apply in practice and to perhaps reconsider them. Most importantly, it forces us to think realistically about the opportunities of human rights in divided societies and to be sensible to their limitations.All in all, the editors have put together a thought-provoking set of essays by both leading authorities and emerging scholars in human rights law, constitutional law, and political theory. Rights in Divided Societies is a stimulating collection of essays which merits the attention of scholars interested in issues surrounding comparative constitutional law, constitutional design, minority rights and multiculturalism in divided societies. I join the editors' aspiration that this collection will stimulate further comparative and theoretical legal scholarship on divided societies. (Yaniv Roznai Public Law)

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Colin Harvey (editor), Alex Schwartz (editor)
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Book Description Bloomsbury Publishing PLC, United Kingdom, 2012. Hardback. Book Condition: New. Language: English . Brand New Book. 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?. Bookseller Inventory # AA79781849461009

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Published by Bloomsbury Publishing PLC, United Kingdom (2012)
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Book Description Bloomsbury Publishing PLC, United Kingdom, 2012. Hardback. Book Condition: New. Language: English . Brand New Book. 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?. Bookseller Inventory # AA79781849461009

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