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The Principle Of Equality In Diverse States


The Principle Of Equality In Diverse States
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The Principle Of Equality In Diverse States


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.



An Interdisciplinary Journey From Non Discrimination To Collective Rights


An Interdisciplinary Journey From Non Discrimination To Collective Rights
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Author : Jessika Eichler
language : en
Publisher: Springer Nature
Release Date : 2024-04-22

An Interdisciplinary Journey From Non Discrimination To Collective Rights written by Jessika Eichler and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-22 with Law categories.


This book develops a critique of the equality paradigms and principles to be found in the majority of today’s legal orders. It accompanies the reader taking her/him/x from a critique of non-discrimination and equality to the ‘opposite’ end of the spectrum, that is, to collective rights, collectivization processes and a manifestation of recognition that is based on difference. This interdisciplinary, theoretical journey explores a multiplicity of (legal) orders in terms of how they provide spaces of articulation for ‘difference’. The book draws, emblematically, on the rights of indigenous peoples as well as recognized and unrecognized cultural, ethnic, linguistic and religious minorities. The book thereby builds on legal and political theory, which ultimately proves essential given the dedicated objective of the book, that is, to introduce a variety of recognition principles and what the author terms ‘scales of collectivization’, which facilitate a better understanding of collective rights and further ways to capture, define and ultimately measure these rights.



Fiscal Federalism And Diversity Accommodation In Multilevel States A Comparative Outlook


Fiscal Federalism And Diversity Accommodation In Multilevel States A Comparative Outlook
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Author : Francisco Javier Romero Caro
language : en
Publisher: Springer Nature
Release Date : 2024-09-12

Fiscal Federalism And Diversity Accommodation In Multilevel States A Comparative Outlook written by Francisco Javier Romero Caro and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-12 with Political Science categories.


This open access edited book connects two strands of federal studies, fiscal federalism, and diversity accommodation, to answer two closely interrelated questions. The first of these is to what extent has the need to accommodate diversities determined financial relations and their evolution? The authors answer this question by conducting a thorough investigation of the types of diversity that drive such evolution. The second question is does fiscal federalism have a broadly positive or negative impact on the accommodation of diversities, by producing institutional solutions that either integrate a federal system or pull it apart? Through contributions from experts in law, economics, and political science, the book uses a series of case studies to establish a theoretical framework for exploring the relationship between fiscal federalism and diversity accommodation. The authors lay the groundwork for a comparative study of this relationship in multilevel states.



A Global Law Of Diversity


A Global Law Of Diversity
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Author : Nicolò Paolo Alessi
language : en
Publisher: Taylor & Francis
Release Date : 2024-11-25

A Global Law Of Diversity written by Nicolò Paolo Alessi and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-25 with Law categories.


This book provides a global perspective on the accommodation of diversity within constitutional traditions, considering the most innovative approaches and legal instruments of the Global North and Global South. This field of study, traditionally dominated by a Global North approach based on majority-minority and rights-based discourse, is undergoing significant development. The work thus assesses the appropriateness of the existing mainstream theoretical tools and concepts – in particular minority and minority-related concepts as well as rights discourse – to grasp the ongoing evolution of this field of law. A reconsideration of the traditional conceptual categories and the introduction of the concept “Law of Diversity” is proposed as a theoretical framework to grasp the ongoing developments in this area. Among the models studied, those that are referred to as emergent models for the accommodation of diversity in the Global North appear to be particularly in need of theoretical recognition. To this end, the theory of federalism is used to serve a rather unexplored theoretical function. Federal theory is put forward as a theoretical instrument to frame and explain the emergent instruments for the accommodation of diversity, as well as provide practical solutions for their development. The book will be of interest to researchers, academics, and policy-makers working in the areas of comparative constitutional law, minority and indigenous rights law, and federal studies. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.



European Yearbook Of Constitutional Law 2022


European Yearbook Of Constitutional Law 2022
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Author : Jurgen de Poorter
language : en
Publisher: Springer Nature
Release Date : 2023-07-25

European Yearbook Of Constitutional Law 2022 written by Jurgen de Poorter and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-25 with Law categories.


The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This fourth volume of the EYCL addresses the underexplored and contentious topic of whether the EU possesses a constitutional identity of its own. To date, the main focus of scholarship and case law concerns the constitutional identities of the Member States of the EU. This is because the EU has to respect such identities according to article 4(2) TEU. The attention for Member States’ constitutional identities stands in stark contrast to the notion of an EU constitutional identity. Such an identity features very little in the literature and debate on constitutional identity and the legal architecture of the EU. Consequently, this edition of the EYCL addresses the gap in legal research by studying constitutional identity with a focus on the EU itself. The book explores various views on whether the EU possesses such an identity and what any possible identity might entail. In this way, a fuller and more inclusive picture can be formed of constitutional identity as it relates to the multilevel constitutional order inhabited by the EU and its Member States. This volume will be of special interest to constitutional and legal scholars who are interested in EU and national constitutional law, as well as to political scientists. In addition, the book is relevant for judges, government officials, judges and policy-makers who work with EU (constitutional) law and its relationship with national (constitutional) law. Jurgen de Poorter is State Councillor at the Dutch Council of State and professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore. Ingrid Leijten is professor at Tilburg Law School, Department of Public Law and Governance. Charlotte van Oirsouw is PhD researcher at Utrecht University, Department of Constitutional and Administrative Law.



Religious Diversity State And Law


Religious Diversity State And Law
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Author : Joseph Marko
language : en
Publisher: BRILL
Release Date : 2022-10-17

Religious Diversity State And Law written by Joseph Marko and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-17 with Law categories.


Globalisation, migration, and (de-)secularisation have fundamentally transformed the concepts of religion, state, and law during the last decades. The main goal of this interdisciplinary approach is to clarify the multifaceted theoretical and practical challenges of religious diversity and socio-political pluralism in Europe. In twenty-two chapters, the contributions to this volume revisit basic concepts, structures and institutional settings such as sovereignty; the dogma of the separation of state, church and/or religion; human and minority rights; gender and religion; varieties of fundamentalisms; interreligious dialogue and peacebuilding; and, not least, religious education.



Italian Regionalism And The Federal Challenge


Italian Regionalism And The Federal Challenge
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Author : Erika Arban
language : en
Publisher: Springer Nature
Release Date : 2023-06-26

Italian Regionalism And The Federal Challenge written by Erika Arban and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-26 with Political Science categories.


This monograph thoroughly illustrates the debate on federalism and regionalism as it emerged in Italy in the years preceding the unification of 1861 and then again in the early 1990s, a debate mainly centred on the deep socio-economic differences between the North and the South of the country. Torn between centripetal and centrifugal forces, the Italian regional model implemented with the 1948 constitution and strengthened in 2001 provokes questions that intersect with topical debates engaging scholars globally, potentially stimulating comparative discussions. While the future of Italian regionalism remains unclear, the Italian regional model combines lessons coming from different theoretical experiences, including federalism, sub-state nationalism, and the European unification process, representing a novel experiment fashioned by those who were looking for a compromise between unitary and federal schemes.



Croatian Cultural Renaissance


Croatian Cultural Renaissance
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Author : G. Doug Davis
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2024-05-15

Croatian Cultural Renaissance written by G. Doug Davis and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-15 with Political Science categories.


Croatia is a magnificent land full of surprises. Visitors are amazed to discover a country with spectacular natural wonders, a great culinary tradition, excellent wine, architecture, a beautiful language, and a vibrant national culture. While it is a small country when measured in square miles, market size, or military power, it has a rich culture that has profoundly impacted the world. The contributors to Croatian Cultural Renaissance: From the Margins to the Crossroad of Europe were the protagonists who survived the communist period and then lived through the fraught period of the Croatian War of Independence in the 1990s; they worked to understand, build, and preserve their cultural identity and freedom as Croatian people. They are diplomats, government officials, artists, and academics who are recognized within Croatia for their intellectual prowess and for their vital and noteworthy contributions to their country. While the chapters explore different areas of Croatia’s national culture, they are united in showing how the national identity and ethos have deep roots and provide insight in what it means to be Croatian today.



Accommodating Diversity In Multilevel Constitutional Orders


Accommodating Diversity In Multilevel Constitutional Orders
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Author : Maja Sahadžić
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-19

Accommodating Diversity In Multilevel Constitutional Orders written by Maja Sahadžić and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-19 with Law categories.


This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.



Constitutional Law And Politics Of Secession


Constitutional Law And Politics Of Secession
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Author : Antoni Abat i Ninet
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-31

Constitutional Law And Politics Of Secession written by Antoni Abat i Ninet and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-31 with Law categories.


This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.