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Constitutional Law And The Politics Of Ethnic Accommodation


Constitutional Law And The Politics Of Ethnic Accommodation
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The Constitutional Law And Politics Of Ethnic Accommodation


The Constitutional Law And Politics Of Ethnic Accommodation
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Author : Bashir Mobasher
language : en
Publisher:
Release Date : 2023

The Constitutional Law And Politics Of Ethnic Accommodation written by Bashir Mobasher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Constitutional law categories.


"This book explores whether the legal and political institutions of Afghanistan have been able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in literature on institutional design and democratic consolidation. However, some divided societies are more explored than others and Afghanistan is one that is critically important for our theories of institutional design in a democratizing, plural society. The work examines the constitution and those provisions of electoral laws and political party laws that together have devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions have failed to fully accommodate ethnic groups in the political process. It adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces. Taken together, this approach yields insights about the boundaries and interactions of institutional design. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics"--



Constitutional Law And The Politics Of Ethnic Accommodation


Constitutional Law And The Politics Of Ethnic Accommodation
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Author : Bashir Mobasher
language : en
Publisher: Taylor & Francis
Release Date : 2023-12-29

Constitutional Law And The Politics Of Ethnic Accommodation written by Bashir Mobasher and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-29 with Law categories.


This book explores whether the legal and political institutions of Afghanistan were able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in the literature on institutional design and democratic consolidation. However, some divided societies are more explored than others, and Afghanistan is one understudied country that is critically important for testing and improving our theories of institutional design in a democratizing, plural society. This work examines the Constitution of 2004 and those provisions of electoral laws and political party laws that together devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions failed to fully accommodate ethnic groups in the political process. This book adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces of political institutions designed by the Constitution of 2004. Taken together, this approach yields insights into the boundaries and interactions of institutional design and how their interactions hinder or advance ethnic accommodation in varying contexts. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics.



Constitutional Design For Divided Societies


Constitutional Design For Divided Societies
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Author : Sujit Choudhry
language : en
Publisher: Oxford University Press on Demand
Release Date : 2008

Constitutional Design For Divided Societies written by Sujit Choudhry and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.


How should constitutions respond to the challenges raised by ethnic, linguistic, religious, and cultural differences? In this volume, leading scholars of constitutional law, comparative politics and political theory address this debate at a conceptual level, as well as through numerous country case-studies.



Constitutional Design For Divided Societies


Constitutional Design For Divided Societies
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Author : Sujit Choudhry
language : en
Publisher:
Release Date : 2023

Constitutional Design For Divided Societies written by Sujit Choudhry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Conflict of laws categories.


How should constitutions respond to the challenges raised by ethnic, linguistic, religious, and cultural differences? In this volume, leading scholars of constitutional law, comparative politics and political theory address this debate at a conceptual level, as well as through numerous country case-studies.



Constitutionalism And The Politics Of Accommodation In Multinational Democracies


Constitutionalism And The Politics Of Accommodation In Multinational Democracies
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Author : Jaime Lluch
language : en
Publisher: Springer
Release Date : 2014-09-25

Constitutionalism And The Politics Of Accommodation In Multinational Democracies written by Jaime Lluch and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-25 with Political Science categories.


This collection argues that although constitutionalism has traditionally been the primary mechanism for facilitating the mutual accommodation of sub-state and state national societies in plurinational states.



Taking Ethno Cultural Diversity Seriously In Constitutional Design


Taking Ethno Cultural Diversity Seriously In Constitutional Design
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Author : Solomon A. Dersso
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-11-08

Taking Ethno Cultural Diversity Seriously In Constitutional Design written by Solomon A. Dersso and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-08 with Law categories.


Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book defends a robust system of minority rights built around culture, equality and self-determination. This is employed to elaborate an adequate constitutional design providing policy frameworks (multilingual language policy, recognition and affirmation of cultural diversity,), structures (that ensure just representation and participation of members of all groups) and norms (that guarantee substantive equality and the rights to language, religion and culture). The study then proffers two cases studies (South Africa and Ethiopia) to ascertain how such constitutional design might be translated into actual policy frameworks, institutions and norms.



Political Laws And Ethnic Accommodation


Political Laws And Ethnic Accommodation
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Author : Mohammad Bashir Mobasher
language : en
Publisher:
Release Date : 2017

Political Laws And Ethnic Accommodation written by Mohammad Bashir Mobasher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.


Afghanistan suffers from an ethnic-based and fragmented party system. Although some cross-ethnic coalitions have emerged, especially during the presidential elections, these coalitions have failed to survive across elections and branches of government. As for what explains the failure of the consolidation of coalitions, some scholars pointed to the SNTV system and others to the presidential system. This study examines all related institutional designs, including the SNTV system for parliamentary elections, the runoff system for presidential elections, the presidential system, dual vice presidency, and party qualification thresholds. These systems and institutions are designed by three bodies of political laws: the Constitution, electoral laws, and party laws. Analyzing these laws and institutional designs, this study makes three observations. First, the failure of coalitions to institutionalize in Afghanistan is not due to a single political law or institutional design but due to the influence of a number of them. Second, for cross-ethnic coalitions to institutionalize, all related institutional designs must act cohesively or else they fail to incentivize coalition-building, as is the case in Afghanistan. Finally, the formation of cross-ethnic coalitions does not necessarily engender their institutionalization and by the same token an institutional design may be conducive to the formation of coalitions, but not necessarily to their institutionalization. Afghan political laws and institutions tell a story partly of success and partly of failure.



The Rights Of Minorities And Their Political Participation The Case Of Komo In Gambella Ethiopia


The Rights Of Minorities And Their Political Participation The Case Of Komo In Gambella Ethiopia
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Author : Nardos Hawaz
language : en
Publisher:
Release Date : 2017-11-08

The Rights Of Minorities And Their Political Participation The Case Of Komo In Gambella Ethiopia written by Nardos Hawaz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-08 with categories.


Research Paper (undergraduate) from the year 2015 in the subject Politics - Didactics, Political Education, Addis Ababa University (Center for Federal Studies), course: Human Rights, language: English, abstract: It is a great opportunity for citizens of all countries to have the rights they deserve, and being equal before the law. Sub nationalities and divisions in numbers do not require or increase their privileges. In many ways, citizenship and public rights varies from country to country as a result of their numbers (majority) or being indigenous. In this regard, the minority in the country is not given much attention to democratic rights. They do not establish their own state, they may not use their language and are dependent on their political involvement. To address this problem, it is a federal and regional state recognized by the constitution of FDRE and the regions that have been the most responsible for the establishment of their own state. In other words, the region has assumed its constitutional right to enact these laws. In this article, however, the Gambela People's National state had formed with five ethnic groups and the political participation of minorities are acknowledged. Based on this knowledge, the Komo people political and social involvement and the regional government accommodation will be inscribed.



The Politics Of Legal Expertise In Eu Policy Making


The Politics Of Legal Expertise In Eu Policy Making
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Author : Päivi Leino-Sandberg
language : en
Publisher:
Release Date : 2021

The Politics Of Legal Expertise In Eu Policy Making written by Päivi Leino-Sandberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.




Minority Rights An Assessment Of The Rights To Electoral Participation And Representation Of Non Territorial Minorities In Ethiopia


Minority Rights An Assessment Of The Rights To Electoral Participation And Representation Of Non Territorial Minorities In Ethiopia
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Author : Gizachew Wondie
language : en
Publisher: GRIN Verlag
Release Date : 2016-12-05

Minority Rights An Assessment Of The Rights To Electoral Participation And Representation Of Non Territorial Minorities In Ethiopia written by Gizachew Wondie and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Social Science categories.


Scientific Essay from the year 2013 in the subject Sociology - Individual, Groups, Society, , language: English, abstract: This paper attempts to assess the rights to electoral participation and representation of non-territorial minorities in Oromia Regional State/Ethiopia. In doing so, secondary documents like, journal articles, books, Magazines and reports were used. Data’s were also collected from different Medias and newspapers to get the full picture of the study issue. Accordingly, the paper generalizes that the Oromo use the regional autonomy for complete identification of their ethnic group and the nonterritorial minorities clearly lack legal and institutional protection in the regional states. Ethiopia designed ethnic based federal state structure to respond to the challenges of minorities by developing a counter-majority institutional system. However, the ethnic based federal state structure also creates local tyranny which will further complicated the challenges of minority rights at the local constituent unites of the federation. More importantly, the ethno-territorial organization of the federating unites of Ethiopia left a number of non-native peoples of the country out of the constitutional recognition under the regional constitutions. As one of the regional states of Ethiopia, Oromia Regional State, the largest in size and number of residence, is the major regional state which large number of non-territorial minorities are found. The allocation of home land for each major ethnic group in the country complicated the right of these dispersed non-territorial minorities in the regional state.