Courts And Consociations
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Courts And Consociations
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Author : Christopher McCrudden
language : en
Publisher: OUP Oxford
Release Date : 2013-02-21
Courts And Consociations written by Christopher McCrudden and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-21 with Law categories.
Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.
The 3 Regional Human Rights Courts In Context
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Author : Laurence Burgorgue-Larsen
language : en
Publisher: Oxford University Press
Release Date : 2024-03-14
The 3 Regional Human Rights Courts In Context written by Laurence Burgorgue-Larsen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-14 with Law categories.
The European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights are three supranational jurisdictions that protect human rights. This book is the first comprehensive study to compare the three regional courts. It also considers how they operate as parts of a greater whole.
A Treatise On Northern Ireland Volume Iii
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Author : Brendan O'Leary
language : en
Publisher: Oxford University Press
Release Date : 2019-04-11
A Treatise On Northern Ireland Volume Iii written by Brendan O'Leary and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-11 with Political Science categories.
The Good Friday Agreement deserved the attention the world gave it, even if it was not always accurately understood. After its ratification in two referendums, for the first time in history political institutions throughout the island of Ireland rested upon the freely given assent of majorities of all the peoples on the island. It marked, it was hoped, the full political decolonization of Ireland. Whether Ireland would reunify, or whether Northern Ireland remain in union with Great Britain now rested on the will of the people of Ireland, North and South respectively: a complex mode of power-sharing addressed the self-determination dispute. The concluding volume of Brendan O'Leary's A Treatise on Northern Ireland explains the making of this settlement, and the many failed initiatives that preceded it under British direct rule. Long-term structural and institutional changes and short-term political maneuvers are given their due in this lively but comprehensive assessment. The Anglo-Irish Agreement is identified as the political tipping point, itself partially the outcome of the hunger strikes of 1980-81 that had prevented the criminalization of republicanism. Until 2016 the prudent judgment seemed to be that the Good Friday Agreement had broadly worked, eventually enabling Sinn Féin and the DUP to share power, with intermittent attention from the sovereign governments. Cultural Catholics appeared content if not in love with the Union with Great Britain. But the decision to hold a referendum on the UK's membership of the European Union has collaterally damaged and destabilized the Good Friday Agreement. That, in turn, has shaped the UK's tortured exit negotiations with the European Union. In appraising these recent events and assessing possible futures, readers will find O'Leary's distinctive angle of vision clear, sharp, unsentimental, and unsparing of reputations, in keeping with the mastery of the historical panoramas displayed throughout this treatise.
The Principle Of Equality In Diverse States
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Author : Eva Maria Belser
language : en
Publisher: BRILL
Release Date : 2021-05-25
The Principle Of Equality In Diverse States written by Eva Maria Belser and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-25 with Law categories.
This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.
Protecting Human Rights And Building Peace In Post Violence Societies
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Author : Nasia Hadjigeorgiou
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-20
Protecting Human Rights And Building Peace In Post Violence Societies written by Nasia Hadjigeorgiou and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-20 with Law categories.
This book critically examines the relationship between protecting human rights and building peace in post-violence societies. It explores the conditions that must be present, and strategies that should be adopted, for the former to contribute to the latter. The author argues that human rights can aid peacebuilding efforts by helping victims of past violence to articulate their grievance, and by encouraging the state to respond to and provide them with a meaningful remedy. This usually happens either through a process of adjudication, whereby human rights can offer guidance to the judiciary as to the best way to address such grievances, or through the passing and implementation of human rights laws and policies that seek to promote peace. However, this positive relationship between human rights and peace is both qualified and context specific. Through an interdisciplinary and comparative analysis of four case studies, the book identifies the conditions that can support the effective use of human rights as peacebuilding tools. Developing these, the book recommends a series of strategies that peacebuilders should adopt and rely on.
Politics Of Identity In Post Conflict States
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Author : Éamonn Ó Ciardha
language : en
Publisher: Routledge
Release Date : 2015-12-14
Politics Of Identity In Post Conflict States written by Éamonn Ó Ciardha and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-14 with Political Science categories.
Ireland and the Balkans have come to represent divided and (re)united communities. They both provide effective microcosms of national, ethnic, political, military, religious, ideological and cultural conflicts in their respective regions and, as a result, they demonstrate real and imaginary divisions. This book will specifically focus on the history, politics and literature of Bosnia-Herzegovina and Northern Ireland, while making comparative reference to some of Europe’s other disputed and divided regions. Using case-studies such as Kosovo and Serbia; Lithuania, Germany, Poland, Russia and Belarus; Greece and Macedonia, it examines ‘space’, ‘place’ and ‘border’ discourse, the topography of war and violence, post-war settlement and reconciliation, and the location and negotiation of national, ethnic, religious, political and cultural identities. The book will be of particular interest to scholars and students of cultural studies, history, politics, Irish studies, Slavonic studies, area studies and literary studies.
A Treatise On Northern Ireland
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Author : Brendan O'Leary
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
A Treatise On Northern Ireland written by Brendan O'Leary and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with History categories.
The third volume of the definitive political history of Northern Ireland.
Eternity Clauses In Democratic Constitutionalism
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Author : Silvia Suteu
language : en
Publisher: Oxford University Press
Release Date : 2021-04
Eternity Clauses In Democratic Constitutionalism written by Silvia Suteu and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04 with Law categories.
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Litigating Religions
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Author : Christopher McCrudden
language : en
Publisher: Oxford University Press
Release Date : 2018
Litigating Religions written by Christopher McCrudden and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Human rights literature has tended to exclude religious foundations from the realm of human rights. This has led to a lack of progress which confuses our understanding of the relationship between human rights and religion: this book argues that by paying close attention to developments in human rights litigation we can make theoretical progress.
Education Policy And Power Sharing In Post Conflict Societies
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Author : Giuditta Fontana
language : en
Publisher: Springer
Release Date : 2016-08-24
Education Policy And Power Sharing In Post Conflict Societies written by Giuditta Fontana and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-24 with Education categories.
This book explores the nexus between education and politics in Lebanon, Northern Ireland, and Macedonia, drawing from an extensive body of original evidence and literature on power-sharing and post-conflict education in these post-conflict societies, as well as the repercussions that emerged from the end of civil war. This book demonstrates that education policy affects the resilience of political settlements by helping reproduce and reinforce the mutually exclusive religious, ethnic, and national communities that participated in conflict and now share political power. Using curricula for subjects—such as history, citizenship education, and languages—and structures like the existence of state-funded separate or common schools, Fontana shows that power-sharing constrains the scope for specific education reforms and offers some suggestions for effective ones to aid political stability and reconciliation after civil wars.