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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Plurality and Diversity in Law - The Human Rights Paradigm (Hardcover)
Loot Price: R6,555
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Plurality and Diversity in Law - The Human Rights Paradigm (Hardcover)
Series: Ius Comparatum
Expected to ship within 12 - 17 working days
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Diversity and plurality are widely discussed in the contemporary
human rights debate, in very different contexts. This book provides
a better understanding of those two concepts, analyzing the legal
systems of 23 countries - across Africa, Asia and Europe - and of
two regional human rights systems (the European and Inter-American
Systems). The book highlights two major elements: if there is no
doubt that the majority of national legal orders are based on the
principles of political liberalism - in other words, if the power
of the liberal foundation is indisputable - the fact remains that
multiple socio-historical constraints continue to weigh on the
States which, for some, find it difficult to overcome the horrors
of the past. Beyond the law, it was therefore necessary to take the
measure of the reality and difficulties of the legal mechanism to
profoundly transform societies divided either by colonization or by
war in particular. As for the power of the liberal foundation of
the States, it generates two bold consequences: the neutrality of
the State on the one hand and the protection of the rights and
freedoms of the individual, but also the collective on the other
hand. Indeed, the rights of human beings, like those of members of
certain groups, constitute the heart of contemporary constitutional
structures. Even if their protection takes different forms
according to the legal culture of each country, their centrality is
indisputable and essentially revealed by the vectors of dignity and
equality, which involve prohibiting all forms of discrimination. As
for the weight of history, it explains the existence of significant
differences considering the overall vision of democracy or even the
importance of the weight given to a specific religion and/or
specific customs. While there is nothing surprising about this
element, what is surprising is to note that despite the adoption of
constitutions with liberal values, and the promotion of individual
and collective rights, some States are still strongly attached to
their habits and customs, which can be considered, a priori, to
belong to another age.
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