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Author: Stephen Tierney
Publisher: BRILL
ISBN: 900447868X
Category : Law
Languages : en
Pages : 308
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Book Description
This collection of essays brings together international lawyers with their perspectives on how the international community has coped with contemporary cases of nationalist crisis and constitutional lawyers from states which are attempting to facilitate the political expression of national identity through developments in federalism, devolution, and the protection of minority rights. The aim is to explore to what extent existing legal mechanisms permit a flexible engagement with, and accommodation of, the aspirations of national and ethnic groups. It would appear that a heightened level of fluidity in the interaction and exchange of normative standards now exists in the relationship between international and domestic law as both types of system confront the challenge which national identity continues to constitute. As this process marks a renewed preparedness on the part of legal systems to expand imaginatively to meet current problems it is hoped that this collection will highlight opportunities for an ongoing process of development in this complex and troubled area.
Author: Stephen Tierney
Publisher: BRILL
ISBN: 900447868X
Category : Law
Languages : en
Pages : 308
Get Book Here
Book Description
This collection of essays brings together international lawyers with their perspectives on how the international community has coped with contemporary cases of nationalist crisis and constitutional lawyers from states which are attempting to facilitate the political expression of national identity through developments in federalism, devolution, and the protection of minority rights. The aim is to explore to what extent existing legal mechanisms permit a flexible engagement with, and accommodation of, the aspirations of national and ethnic groups. It would appear that a heightened level of fluidity in the interaction and exchange of normative standards now exists in the relationship between international and domestic law as both types of system confront the challenge which national identity continues to constitute. As this process marks a renewed preparedness on the part of legal systems to expand imaginatively to meet current problems it is hoped that this collection will highlight opportunities for an ongoing process of development in this complex and troubled area.
Author: Stephen Tierney
Publisher: Routledge
ISBN: 1317185919
Category : Law
Languages : en
Pages : 256
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Book Description
This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical. The contributions, which come from Canada and Europe, comprise a review of the evolving theory of cultural diversity, followed by two main case studies: a substantive study of the accommodation of indigenous peoples within different constitutional orders and, secondly, the importance of constitutional interpretation to the development of cultural diversity in complex pluralist democracies such as Australia, Canada and the UK.
Author: Elke Cloots
Publisher:
ISBN: 0198733763
Category : Law
Languages : en
Pages : 401
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Book Description
With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.
Author: Hilly Moodrick-Even Khen
Publisher: BRILL
ISBN: 9004294333
Category : Law
Languages : en
Pages : 223
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Book Description
In National Identities and the Right to Self-Determination of Peoples, Hilly Moodrick-Even Khen revisits the legal right to self-determination of peoples and suggests an integrative model for securing the cohesion of the various nationalities within multinational states. The model, set on both legal and political science theories, departs from civic nationalism but calls to strengthen it with more immediate and emotional means, such as shared national symbols and multicultural education. Moodrick-Even Khen explores the political history of Canada, Belgium, and Spain and touches upon other divided societies such as South Africa, Northern Ireland and Cyprus. Drawing upon these cases, she suggests a future model for a cohesive society in Israel, which is currently nationally divided between Arabs and Jews.
Author: David l. Miller
Publisher: John Wiley & Sons
ISBN: 0745667937
Category : Political Science
Languages : en
Pages : 340
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Book Description
A good political community is one whose citizens are actively engaged in deciding their common future together. Bound together by ties of national solidarity, they discover and implement principles of justice that all can share, and in doing so they respect the separate identities of minority groups within the community. In the essays collected in this book, David Miller shows that such an ideal is not only desirable, but feasible. He explains how active citizenship on the republican model differs from liberal citizenship, and why it serves disadvantaged groups better than currently fashionable forms of identity politics. By deliberating freely with one another, citizens can reach decisions on matters of public policy that are both rational and fair. He couples this with a robust defence of the principle of nationality, arguing that a shared national identity is necessary to motivate citizens to work together in the name of justice. Attempts to create transnational forms of citizenship, in Europe and elsewhere, are therefore misguided. He shows that the principle of nationality can accommodate the demands of minority nations, and does not lead to a secessionist free-for-all. And finally he demonstrates that national self-determination need not be achieved at the expense of global justice. This is a powerful statement from a leading political theorist that not only extends our understanding of citizenship, nationality and deliberative democracy, but engages with current political debates about identity politics, minority nationalisms and European integration.
Author: Aadne Aasland
Publisher: Springer Nature
ISBN: 3030809714
Category : Political Science
Languages : en
Pages : 287
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Book Description
The book offers new insights into how ethnicity, language and regional-local identity interact within the context of Ukrainian political reform, and indicates how these reforms affect social cohesion among ethno-cultural groups. While the individual chapters each focus on one or a few facets of the overall research question, together they draw a nuanced picture of the multifaceted challenges to creating and consolidating social cohesion in a nationalizing state. The concept integrates various disciplines, including political science, international relations, law, and sociology. Correspondingly, the contributions are based on various methodological approaches, ranging from legal analysis over media discourse analysis, individual and focus group interviews to analysis of data from a representative population survey. The findings of the in-depth study are discussed within the broader context of comparative research on diversity management and social cohesion in fragmented societies.
Author: Maja Sahadžić
Publisher: Taylor & Francis
ISBN: 1000909492
Category : Law
Languages : en
Pages : 262
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Book Description
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.
Author: Tim Edensor
Publisher: Routledge
ISBN: 100018367X
Category : Social Science
Languages : en
Pages : 224
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Book Description
The Millennium Dome, Braveheart and Rolls Royce cars. How do cultural icons reproduce and transform a sense of national identity? How does national identity vary across time and space, how is it contested, and what has been the impact of globalization upon national identity and culture?This book examines how national identity is represented, performed, spatialized and materialized through popular culture and in everyday life. National identity is revealed to be inherent in the things we often take for granted - from landscapes and eating habits, to tourism, cinema and music. Our specific experience of car ownership and motoring can enhance a sense of belonging, whilst Hollywood blockbusters and national exhibitions provide contexts for the ongoing, and often contested, process of national identity formation. These and a wealth of other cultural forms and practices are explored, with examples drawn from Scotland, the UK as a whole, India and Mauritius. This book addresses the considerable neglect of popular cultures in recent studies of nationalism and contributes to debates on the relationship between ‘high' and ‘low' culture.
Author: Jaime Lluch
Publisher: Springer
ISBN: 113728899X
Category : Political Science
Languages : en
Pages : 208
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Book Description
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.
Author: Bashir Mobasher
Publisher: Taylor & Francis
ISBN: 1003806147
Category : Law
Languages : en
Pages : 150
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Book Description
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.
