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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Rights in Divided Societies (Hardcover, New)
Loot Price: R3,042
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Rights in Divided Societies (Hardcover, New)
Series: Human Rights Law in Perspective
Expected to ship within 12 - 19 working days
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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?
General
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