Power-sharing is an important political strategy for managing protracted conflicts and it can also facilitate the democratic accommodation of difference. Despite these benefits, it has been much criticised, with claims that it is unable to produce peace and stability, is ineffective and inefficient, and obstructs other peacebuilding values, including gender equality. This edited collection aims to enhance our understanding of the utility of power-sharing in deeply divided places by subjecting power-sharing theory and practice to empirical and normative analysis and critique. Its overarching questions are: Do power-sharing arrangements enhance stability, peace and cooperation in divided societies? Do they do so in ways that promote effective governance? Do they do so in ways that promote justice, fairness and democracy? Utilising a broad range of global empirical case studies, it provides a space for dialogue between leading and emerging scholars on the normative questions surrounding power-sharing. Distinctively, it asks proponents of power-sharing to think critically about its weaknesses. This text will be of interest to students, scholars and practitioners of power-sharing, ethnic politics, democracy and democratization, peacebuilding, comparative constitutional design, and more broadly Comparative Politics, International Relations and Constitutional and Comparative Law.

Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. The Foundation of the Juridical-Political: Concept Formation in Hans Kelsen and Max Weber places the conventional understanding of the theoretical relationship between the work of Kelsen and Weber into question. Focusing on the theoretical foundations of Kelsen's legal positivism and Weber's sociology of law, and guided by the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume explore convergences and divergences in the approach and stance of Kelsen and Weber to law, the State, political science, modernity, legal rationality, legal theory, sociology of law, authority, legitimacy and legality. The chapters comprising The Foundation of the Juridical-Political uncover complexities within as well as between the theoretical and methodological principles of Kelsen and Weber and, thereby, challenge the enduring division between legal positivism and the sociology of law in contemporary discourse.

In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts' jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts' judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy - and, in turn, the relationship between Parliament and the courts - is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.

This major and timely collection addresses one of the world's most visible and tragic problems: ethnic conflict and its regulation. It begins with a guide to the primary methods used to eliminate or manag eethnic conflict, and is followed by a global sample of case studies written by leading authorities in their fields.

A highly topical examination of the effect of European integration on relations between states and minority nations.

This new collection brings together the leading specialists in the field, and covers a wide range of cases, from Northern Ireland in the West, to Estonia and Latvia in the East, and Cyprus in the South-East.

The contributors assess how European integration has affected the preparedness of states to accommodate minorities across a range of fundamental criteria, including: enhanced rights protection; autonomy; the provision of a voice for minorities in the European and international arena; and the promotion of cross-border cooperation among communities dissected by state frontiers. The comprehensive chapters stress the importance of the nationality question, and the fact that, contrary to the hopes and beliefs of many on the left and right, it is not going to go away.

Beginning with an introductory essay that summarizes the impact of European integration on the nationalities question, this accessible book will be of strong interest to scholars and researchers of politics, nationalism, ethnic conflict and European studies.

This topical book examines the effect of European integration on relations between states and minority nations. The editors, picking up an older vocabulary, call this the "nationalities question."
This new collection brings together the leading specialists in the field, and covers a wide range of cases, from Northern Ireland in the West, to Estonia and Latvia in the East, and Cyprus in the South-East. The contributors assess how European integration has affected the preparedness of states to accommodate minorities across a range of fundamental criteria, including: enhanced rights protection; autonomy; the provision of a voice for minorities in the European and international arena; and the promotion of cross-border cooperation among communities dissected by state frontiers. The comprehensive chapters stress the importance of the nationality question, and the fact that, contrary to the hopes and beliefs of many on the left and right, it is not going to go away.
Beginning with an introductory essay that summarizes the impact of "European Integration on the Nationalities Question," this accessible book will be of strong interest to scholars and researchers of Politics, Nationalism, Ethnic Conflict and European Studies.

This major and timely collection addresses one of the world's most visible and tragic problems: ethnic conflict and its regulation. It begins with a guide to the primary methods used to eliminate or manag eethnic conflict, and is followed by a global sample of case studies written by leading authorities in their fields.

This book, primarily focussing on parasitic diseases of cats and dogs, is designed specifically for veterinary nurses and students and adopts an enquiry based approach essential for consolidating knowledge and a deep practical understanding of this important subject. The book goes beyond the conventional discourse of parasitology books, with each chapter addressing questions commonly posed by clients. It is illustrated throughout with colour figures and readers can assess their knowledge and areas for development by completing the end of chapter self-assessment questions. In this way, the veterinary nurse will be fully equipped to professionally support veterinary surgeons in achieving optimal strategies for management of parasitic diseases of companion animals. Provides a unique enquiry-based approach to assist veterinary nurses and technicians in gaining essential knowledge and practical understanding of parasites Contains self-assessment MCQ sections designed to encourage the reader to question their practice, rationales, and the evidence base of parasitology care delivery they provide to patients Focuses on the dog and cat, the most commonly seen pets

Course Notes is designed to help you succeed in your law examinations and assessments. Each guide supports revision of an undergraduate and conversion GDL/CPE law degree module by demonstrating good practice in creating and maintaining ideal notes. Course Notes will support you in actively and effectively learning the material by guiding you through the demands of compiling the information you need. * Written by expert lecturers who understand your needs with examination requirements in mind * Covers key cases, legislation and principles clearly and concisely so you can recall information confidently * Contains easy to use diagrams, definition boxes and work points to help you understand difficult concepts * Provides self test opportunities throughout for you to check your understanding * Illustrates how to compile the ideal set of revision notes * Covers the essential modules of study for undergraduate llb and conversion-to-law GDL/CPE courses * Additional online revision guidance such as sample essay plans, interactive quizzes and a glossary of legal terms at www.unlockingthelaw.co.uk

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.

Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber contests the conventional understanding of the theoretical relationship between Kelsen's legal positivism and Weber's sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of affinity and divergence in the work of these two influential figures. Thus, the chapters collected in The Reconstruction of the Juridico-Political offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber.

Often law students don't achieve the results they are capable of, not because of a lack of intellectual ability, but because they haven't fully understood what is required of them and what they could and should do to achieve higher marks. Acing the LLB will help those students realise their full potential and achieve the very best marks. It explains what lecturers are looking for in a top class answer and is packed with easy-to-follow practical advice that students can use to improve their performance. The author draws upon his own experiences as a lecturer and marker of student work as well as those of colleagues at a range of institutions to offer sound and realistic advice. Engaging, accessible and very readable, this is an ideal guide for anyone starting out on an LLB or for current law students who are looking to improve their grades.

Often law students don't achieve the results they are capable of, not because of a lack of intellectual ability, but because they haven't fully understood what is required of them and what they could and should do to achieve higher marks. Acing the LLB will help those students realise their full potential and achieve the very best marks. It explains what lecturers are looking for in a top class answer and is packed with easy-to-follow practical advice that students can use to improve their performance. The author draws upon his own experiences as a lecturer and marker of student work as well as those of colleagues at a range of institutions to offer sound and realistic advice. Engaging, accessible and very readable, this is an ideal guide for anyone starting out on an LLB or for current law students who are looking to improve their grades.

Power-sharing is an important political strategy for managing protracted conflicts and it can also facilitate the democratic accommodation of difference. Despite these benefits, it has been much criticised, with claims that it is unable to produce peace and stability, is ineffective and inefficient, and obstructs other peacebuilding values, including gender equality. This edited collection aims to enhance our understanding of the utility of power-sharing in deeply divided places by subjecting power-sharing theory and practice to empirical and normative analysis and critique. Its overarching questions are: Do power-sharing arrangements enhance stability, peace and cooperation in divided societies? Do they do so in ways that promote effective governance? Do they do so in ways that promote justice, fairness and democracy? Utilising a broad range of global empirical case studies, it provides a space for dialogue between leading and emerging scholars on the normative questions surrounding power-sharing. Distinctively, it asks proponents of power-sharing to think critically about its weaknesses. This text will be of interest to students, scholars and practitioners of power-sharing, ethnic politics, democracy and democratization, peacebuilding, comparative constitutional design, and more broadly Comparative Politics, International Relations and Constitutional and Comparative Law.

Course Notes is designed to help you succeed in your law examinations and assessments. Each guide supports revision of an undergraduate and conversion GDL/CPE law degree module by demonstrating good practice in creating and maintaining ideal notes. Course Notes will support you in actively and effectively learning the material by guiding you through the demands of compiling the information you need. Written by expert lecturers who understand your needs with examination requirements in mind Covers key cases, legislation and principles clearly and concisely so you can recall information confidently Contains easy to use diagrams, definition boxes and work points to help you understand difficult concepts Provides self test opportunities throughout for you to check your understanding Illustrates how to compile the ideal set of revision notes Covers the essential modules of study for undergraduate llb and conversion-to-law GDL/CPE courses Additional online revision guidance such as sample essay plans, interactive quizzes and a glossary of legal terms at www.unlockingthelaw.co.uk

Territorial pluralism is a form of political autonomy designed to accommodate national, ethnic, or linguistic differences within a state. It has the potential to provide for the peaceful, democratic, and just management of difference. But given traditional concerns about state sovereignty and unity, how realistic is it to expect that a state will agree to recognize and empower distinct substate communities? The contributors to this book answer this question by examining a wide variety of cases, including those in developing and industrialized states and democratic and authoritarian regimes. They find that territorial pluralism remains a legitimate and effective means for managing difference in multinational states.

Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber contests the conventional understanding of the theoretical relationship between Kelsen's legal positivism and Weber's sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of affinity and divergence in the work of these two influential figures. Thus, the chapters collected in The Reconstruction of the Juridico-Political offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber.

Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. The Foundation of the Juridical-Political: Concept Formation in Hans Kelsen and Max Weber places the conventional understanding of the theoretical relationship between the work of Kelsen and Weber into question. Focusing on the theoretical foundations of Kelsen's legal positivism and Weber's sociology of law, and guided by the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume explore convergences and divergences in the approach and stance of Kelsen and Weber to law, the State, political science, modernity, legal rationality, legal theory, sociology of law, authority, legitimacy and legality. The chapters comprising The Foundation of the Juridical-Political uncover complexities within as well as between the theoretical and methodological principles of Kelsen and Weber and, thereby, challenge the enduring division between legal positivism and the sociology of law in contemporary discourse.

In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts' jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts' judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy - and, in turn, the relationship between Parliament and the courts - is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.

For ethnic minorities in Europe separated by state borders--such as Basques in France and Spain or Hungarians who reside in Slovakia and Romania--the European Union has offered the hope of reconnection or at least of rendering the divisions less obstructive. Conationals on different sides of European borders may look forward to increased political engagement, including new norms to support the sharing of sovereignty, enhanced international cooperation, more porous borders, and invigorated protections for minority rights. Under the pan-European umbrella, it has been claimed that those belonging to divided nations would no longer have to depend solely on the goodwill of the governments of their states to have their collective rights respected. Yet for many divided nations, the promise of the European Union and other pan-European institutions remains unfulfilled."Divided Nations and European Integration" examines the impact of the expansion of European institutions and the ways the EU acts as a confederal association of member states, rather than a fully multinational federation of peoples. A wide range of detailed case studies consider national communities long within the borders of the European Union, such as the Irish and Basques; communities that have more recently joined, such as the Croats and Hungarians; and communities that are not yet members but are on its borders or in its "near abroad," such as the Albanians, Serbs, and Kurds. This authoritative volume provides cautionary but valuable insights to students of European institutions, nations and nationalism, regional integration, conflict resolution, and minority rights.Contributors: Tozun Bahcheli, Zoe Bray, Alexandra Channer, Zsuzsa Cserg, Marsaili Fraser, James M. Goldgeier, Michael Keating, Tristan James Mabry, John McGarry, Margaret Moore, Sid Noel, Brendan O'Leary, David Romano, Etain Tannam, Stefan Wolff."

Written during the Northern Ireland peace process and just before the Good Friday Agreement, The Politics of Antagonism sets out to answer questions such as why successive British Governments failed to reach a power-sharing settlement in Northern Ireland and what progress has been made with the Anglo-Irish Agreement. O'Leary and McGarry assess these topics in the light of past historical and social-science scholarship, in interviews of key politicians, and in an examination of political violence since 1969. The result is a book which points to feasible strategies for a democratic settlement in the Northern Ireland question and which allows today's scholars and students to analyse approaches to Northern Ireland from the perspective of the recent past.

"Ploughing the Sea" is borrowed from the text of a letter sent by Simon Bolivar to one of his lieutenants, complaining that governing his country in the early 19th Century with its never-ending problems was like ploughing the sea; no sooner had the difficulties been pushed aside, they would inevitably, after a short period, flow back again to their original chaotic state. The "South Sea" was the name given by Balboa in 1513 to that stretch of the Pacific Ocean south of the Bay of Panama and extending to the Strait of Magellan. Given the problems associated with this region, the title is particularly apt. "Ploughing the South Sea" is a study of economic, social and political factors contributing to an affecting the development of merchant shipping along the West Coast of South America, from the Spanish Imperial Era to the end of the 20th Century.

Territorial pluralism is a form of political autonomy designed to accommodate national, ethnic, or linguistic differences within a state. It has the potential to provide for the peaceful, democratic, and just management of difference. But given traditional concerns about state sovereignty and unity, how realistic is it to expect that a state will agree to recognize and empower distinct substate communities? The contributors to this book answer this question by examining a wide variety of cases, including those in developing and industrialized states and democratic and authoritarian regimes. They find that territorial pluralism remains a legitimate and effective means for managing difference in multinational states.

This book collects some of the major essays by two of the leading authorities on the Northern Ireland conflict. It is unified by the theory of consociation, one of the most influential theories in the regulation of conflicts. The authors are critical exponents of the approach, and several chapters explain its attractions over alternative forms of conflict regulation. The book explains why Northern Ireland's national divisions have made the achievement of a consociational agreement particularly difficult.
The issues raised in the book are crucial to a proper understanding of Northern Ireland's past and future, which, the authors argue, is likely to involve some type of consociational democracy, whether or not the one agreed to on Good Friday 1998.
The issues addressed are not particular to Northern Ireland. They are relevant to a host of other divided territories, including Cyprus, Kossovo, Macedonia, Sri Lanka, Nigeria, and Afghanistan. The book is therefore vital reading not just for Northern Ireland specialists but for anyone interested in consociation and in the just and durable regulation of national and ethnic conflict.