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Intercultural Constitutionalism - From Human Rights Colonialism to a New Constitutional Theory of Fundamental Rights (Hardcover)
Loot Price: R1,710
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Intercultural Constitutionalism - From Human Rights Colonialism to a New Constitutional Theory of Fundamental Rights (Hardcover)
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This book argues that the effective protection of fundamental
rights in a contemporary, multicultural society requires not only
tolerance and respect for others, but also an ethics of reciprocity
and a pursuit of dialogue between different cultures of human
rights. Nowadays, all cultures tend to claim an equitable
arrangement that can be articulated in the terms of fundamental
rights and in the multicultural organization of the State. Starting
from the premise that every culture is and always was
intercultural, this book elaborates a new, and more fundamentally,
pluralist view of the relationship between rights and cultural
identity. No culture is pure; from the perspective of an
irreducible cultural contamination, this book argues, it is
possible to formulate constitutional idea of diversity that is
properly intercultural. This concept of intercultural
constitutionalism is not, then, based on abstract principles, but
nor is it bound to any particular cultural norm. Rather,
intercultural constitutionalism allows the interpretation of
rights, rules and legal principles, which are established in
different contexts.
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