RIGHTS IN DIVIDED SOCIETIES by Colin Harvey (Editor), Alexander Schwartz (Editor) ( 9781847319791 )

Item Details

Title:

RIGHTS IN DIVIDED SOCIETIES

By:

Colin Harvey (Editor), Alexander Schwartz (Editor)

Format:

Electronic book text

List price:	£54.99
We believe that this item is permanently unavailable, and so we cannot source it.

ISBN 10:

1847319793

ISBN 13:

9781847319791

Publisher:

BLOOMSBURY PUBLISHING PLC

Pub. date:

20 July, 2012

Series:

Human Rights Law in Perspective

Pages:

284

Description:

This collection examines the role and value of domestic rights instruments in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective.

Synopsis:

This collection examines the role and value of rights in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. Societies emerging from violent conflict often opt for a bill of rights as part of a wider package of constitutional reform. Where conflict is fuelled by longstanding ethno-national divisions, these divisions are often addressed through group-differentiated rights. Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/post-conflict societies, where the aim of promoting unity is frequently in tension with the need to accommodate difference. In such cases, a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely another venue in which to play out familiar conflicts, further dividing an already divided society. The central questions that animate the collection are: (1) Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? (2) To what extent should divided societies opt for a universalistic package of rights protections, or should the rights be tailored to the specific circumstances of a divided society, providing for special group-sensitive protections for minorities? (3) Is a divided society more or less likely to adopt a bill of rights? (4) How does the judiciary figure in the management or resolution of ethno-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national divisions or other conflicts?

Publication:

Imprint:

Hart Publishing

Returns:

Non-returnable

Some other items by this author:

APPLYING AN INTERNATIONAL HUMAN RIGHTS FRAMEWORK TO STATE BUDGET ALLOCATIONS