Constitutional Democracy in a Multicultural and Globalised World

Constitutional Democracy in a Multicultural and Globalised World PDF Author: Thomas Fleiner
Publisher: Springer Science & Business Media
ISBN: 3540764127
Category : Political Science
Languages : en
Pages : 687

Get Book Here

Book Description
After World War II, states transformed into ‘collective fortresses’ in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an ‘ideologically acceptable’ state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d’être as an island of undisputed and unlimited sovereignty. A globalised world order broke open the ‘fortress state’ that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies.

Constitutional Democracy in a Multicultural and Globalised World

Constitutional Democracy in a Multicultural and Globalised World PDF Author: Thomas Fleiner
Publisher: Springer Science & Business Media
ISBN: 3540764127
Category : Political Science
Languages : en
Pages : 687

Get Book Here

Book Description
After World War II, states transformed into ‘collective fortresses’ in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an ‘ideologically acceptable’ state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d’être as an island of undisputed and unlimited sovereignty. A globalised world order broke open the ‘fortress state’ that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies.

The Constitutional Protection of Multiculturalism

The Constitutional Protection of Multiculturalism PDF Author: Human Sciences Research Council. Pretoria, South Africa
Publisher:
ISBN:
Category : Constitutions
Languages : en
Pages : 60

Get Book Here

Book Description


Multiculturalism and the Canadian Constitution

Multiculturalism and the Canadian Constitution PDF Author: Stephen Tierney
Publisher: Law and Society (Paperback)
ISBN: 9780774814461
Category : Law
Languages : en
Pages : 0

Get Book Here

Book Description
Canada has often been cited internationally for its success as a multicultural society and for its ability to manage this diversity through a federal constitution. The strands of diversity include the constitutional relationship between English and French Canada, federalism more generally, the status of Aboriginal peoples, Canada’s immigration and integration strategies, affirmative action, and a general guarantee of equal protection for men and women. Together they tell a complex story of pluralism, consolidated through a long and incremental period of constitution-building. Multiculturalism and the Canadian Constitution brings together scholars of cultural diversity from backgrounds in law, political science, and history to address key components of the changing Canadian story: the evolution over time of multiculturalism within Canadian constitutional law and policy; the territorial dimension of Canadian federalism; and the role of constitutional interpretation by the courts in the development of Canada as a multicultural state. Wide-ranging and provocative, the essays illustrate how deeply multiculturalism is woven into the fabric of the Canadian constitution and the everyday lives of Canadians.

Multicultural Jurisdictions

Multicultural Jurisdictions PDF Author: Ayelet Shachar
Publisher: Cambridge University Press
ISBN: 9780521776745
Category : Law
Languages : en
Pages : 212

Get Book Here

Book Description
Outline of the book

Multiculturalism and the Canadian Constitution

Multiculturalism and the Canadian Constitution PDF Author: Stephen J. Tierney
Publisher: UBC Press
ISBN: 0774840072
Category : Political Science
Languages : en
Pages : 258

Get Book Here

Book Description
Together, the strands of Canada's diversity tell a complex story of pluralism, consolidated through a long and incremental period of constitution-building. This book brings together scholars of cultural diversity to address key components of the changing Canadian story: the evolution over time of multiculturalism within Canadian constitutional law and policy; the territorial dimension of Canadian federalism; and the role of constitutional interpretation by the courts in the development of Canada as a multicultural state. The essays illustrate how deeply multiculturalism is woven into the fabric of the Canadian constitution and the everyday lives of Canadians.

Is Multiculturalism Dead?

Is Multiculturalism Dead? PDF Author: Christian Joppke
Publisher: John Wiley & Sons
ISBN: 074569215X
Category : Social Science
Languages : en
Pages : 209

Get Book Here

Book Description
Multiculturalism is controversial in the liberal state and has frequently been declared dead, even in countries that have never had a policy under that name. This authoritative book reviews the different meanings multiculturalism has acquired across theories, countries, and domains to evaluate the extent of its demise and the ways in which it lives on. Christian Joppke intriguingly argues that, beyond the ebb and flow of policy, liberal constitutionalism itself bears out a multiculturalism of the individual that is not only alive but necessary in a liberal society. Through a provocative comparison of gay rights in the United States and the accommodation of Islam in Europe, he shows that liberal constitutionalism constrains majority power, requiring the state to be neutral about peoples values and ethical commitment. It cannot but give rise to multiple ways of life or cultures, as people are endowed with the freedom to embrace them. Accordingly, impulses toward multiculturalism persist, despite its political crisis, but with a new accent on the individual, rather than group, as the unit of integration. Tightly argued and clearly written, this book provides a judicious assessment of multiculturalism in the West and will be of interest to a broad readership across the social sciences and legal studies.

Multiculturalism in the British Commonwealth

Multiculturalism in the British Commonwealth PDF Author: Richard T. Ashcroft
Publisher: University of California Press
ISBN: 0520299329
Category : History
Languages : en
Pages : 314

Get Book Here

Book Description
At publication date, a free ebook version of this title will be available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. Multiculturalism as a distinct form of liberal-democratic governance gained widespread acceptance after World War II, but in recent years this consensus has been fractured. Multiculturalism in the British Commonwealth examines cultural diversity across the postwar Commonwealth, situating modern multiculturalism in its national, international, and historical contexts. Bringing together practitioners from across the humanities and social sciences to explore the legal, political, and philosophical issues involved, these essays address common questions: What is postwar multiculturalism? Why did it come about? How have social actors responded to it? In addition to chapters on Australia, Britain, Canada, and New Zealand, this volume also covers India, Malaysia, Nigeria, Singapore, and Trinidad, tracing the historical roots of contemporary dilemmas back to the intertwined legacies of imperialism and liberalism. In so doing it demonstrates that multiculturalism has implications that stretch far beyond its current formulations in public and academic discourse.

Democracy and Human Rights in Multicultural Societies

Democracy and Human Rights in Multicultural Societies PDF Author: Matthias Koenig
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754670308
Category : Political Science
Languages : en
Pages : 330

Get Book Here

Book Description
Published in association with UNESCO, this volume examines the political governance of cultural diversity. Interdisciplinary to comparative social sciences, it assesses public-policy responses to ethnic, linguistic and religious diversity, and addresses the conditions, forms, and consequences of democratic and human-rights-based governance of multi-ethnic, multi-lingual and multi-faith societies.

Accommodating Cultural Diversity

Accommodating Cultural Diversity PDF Author: Mr Stephen Tierney
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409493490
Category : Law
Languages : en
Pages : 270

Get Book Here

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.

Human Rights Encounter Legal Pluralism

Human Rights Encounter Legal Pluralism PDF Author: Giselle Corradi
Publisher: Bloomsbury Publishing
ISBN: 1849467722
Category : Law
Languages : en
Pages : 267

Get Book Here

Book Description
This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.