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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Courts and Consociations - Human Rights versus Power-Sharing (Hardcover)
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Courts and Consociations - Human Rights versus Power-Sharing (Hardcover)
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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.
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