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Books > Law > Jurisprudence & general issues > Comparative law
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Constitutional Design for Divided Societies - Integration or Accommodation? (Hardcover)
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Constitutional Design for Divided Societies - Integration or Accommodation? (Hardcover)
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How should constitutional design respond to the opportunities and
challenges raised by ethnic, linguistic, religious, and cultural
differences, and do so in ways that promote democracy, social
justice, peace and stability? This is one of the most difficult
questions facing societies in the world today.
There are two schools of thought on how to answer this question.
Under the heading of "accommodation," some have argued for the need
to recognize, institutionalize and empower differences. There are a
range of constitutional instruments available to achieve this goal,
such as multinational federalism and administrative
decentralization, legal pluralism (e.g. religious personal law),
other forms of non-territorial minority rights (e.g. minority
language and religious education rights), consociationalism,
affirmative action, legislative quotas, etc. But others have
countered that such practices may entrench, perpetuate and
exacerbate the very divisions they are designed to manage. They
propose a range of alternative strategies that fall under the
rubric of "integration" that will blur, transcend and cross-cut
differences. Such strategies include bills of rights enshrining
universal human rights enforced by judicial review, policies of
disestablishment (religious and ethnocultural), federalism and
electoral systems designed specifically to include members of
different groups within the same political unit and to disperse
members of the same group across different units, are some
examples.
In this volume, leading scholars of constitutional law,
comparative politics and political theory address the debate at a
conceptual level, as well as through numerous country case-studies,
through an interdisciplinary lens, but with a legal and
institutional focus.
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