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Accommodating Diversity in Multilevel Constitutional Orders

Author : Maja Sahadžić
Publisher : Taylor & Francis
Page : 262 pages
File Size : 42,83 MB
Release : 2023-07-19
Category : Law
ISBN : 1000909492

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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.

Accommodating Diversity

Author : Irwin Deutscher
Publisher : Lexington Books
Page : 202 pages
File Size : 13,17 MB
Release : 2002
Category : Social Science
ISBN : 9780739104576

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Part social policy analysis and part intellectual autobiography, Accommodating Diversity mines the world's most troubling incidences of racial and ethnic conflict in order to find national policies that defuse the strains of cohabitation and encourage true reconciliation. Debunking the notion that conflict is inevitable when dominant and minority communities cohabit, Irwin Deutscher looks at five successful policies, from Swedish legislation dealing with immigrant education to the Chieftaincy act in Ghana, as he examines the possibilities for successful and harmonious intergroup relations. Deutscher concludes that the pursuit of a benign pluralist policy leads ultimately to assimilation, providing a political solution which satisfies the champions of both diversity and unity. With its problem solving focus, study questions, and introductory essays to each section that place the material within sociological theory, this book is an ideal supplement for courses in race, ethnicity, and social problems.

Accommodating Cultural Diversity

Author : Stephen Tierney
Publisher : Routledge
Page : 256 pages
File Size : 39,24 MB
Release : 2016-03-23
Category : Law
ISBN : 1317185919

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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.

Federal Solutions to Ethnic Problems

Author : Liam D. Anderson
Publisher : Routledge
Page : 334 pages
File Size : 14,52 MB
Release : 2012-11-27
Category : Political Science
ISBN : 1136176861

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Exploring five distinct models of federal arrangement, this book evaluates the relative merits of each model as a mechanism for managing relations in ethnically divided societies. Two broad approaches to this issue, accommodation and denial, are identified and, from this, five distinct models of federal arrangement are derived. The models; ethnic, anti-ethnic, territorial, ethno-territorial, and federacy, are defined and then located within their broader theoretical tradition. Detailed case studies are used to evaluate the strengths and weakness of each model and highlight patterns in the success and failure rates of the universe of post-1945 federal arrangements. From this it is clear that two forms of ethnically defined federal arrangement – federacy and ethno-territorial federalism, are associated with low failure rates, while ethnic federalism has enjoyed a far higher rate of failure. The reasons for this are examined and the implications of this for the design of federal systems in ethnically divided societies are assessed. Federal Solutions to Ethnic Problems: Accommodating Diversity advances a new argument within the field of comparative politics, that certain forms of federal arrangement are systematically more successful than others in ameliorating ethnically conflicted societies and is essential reading for students and scholars with an interest in politics and the Middle East.

Accommodating Diversity

Author : Gurpreet Mahajan
Publisher : OUP India
Page : 0 pages
File Size : 28,36 MB
Release : 2011-10-27
Category : Political Science
ISBN : 9780198075035

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This volume combines reflections on the theoretical and pragmatic implications of religious, linguistic, and ethnic diversity. The essays offer insights into multicultural theory and analyse related policies adopted in India by the government and other institutions.

A Test of Faith?

Author : Dr Jogchum Vrielink
Publisher : Ashgate Publishing, Ltd.
Page : 673 pages
File Size : 39,41 MB
Release : 2012-09-01
Category : Law
ISBN : 140946170X

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Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.

Human Rights and Diversity

Author : David P. Forsythe
Publisher : U of Nebraska Press
Page : 356 pages
File Size : 18,8 MB
Release : 2003-01-01
Category : Political Science
ISBN : 9780803220201

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The development and study of human rights have increased significantly over time and have seen an intensified interest at the dawn of the twenty-first century. Much can be learned about the status of universal human rights by approaching the subject from regional perspectives. These diverse vantage points shed new light on the importance and complexity of the issues. ø David P. Forsythe and Patrice C. McMahon have brought together a collection of essays from top scholars in their fields. Each essay examines how a region, as defined by geography or culture, affects the standards and practice of human rights in a particular area. The issues discussed include human rights and child labor in South Asia, women?s rights in Muslim states, the prospects and challenges of human rights in the Middle East, the role of women and tradition in Africa, and accommodating diversity in Europe. The collection also includes essays commenting on the parameters and intersections of international human rights in relation to area studies.

Reasonable Accommodation

Author : Lori G. Beaman
Publisher : UBC Press
Page : 249 pages
File Size : 31,64 MB
Release : 2012-09-15
Category : Religion
ISBN : 0774822783

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Often when a religious minority challenges mainstream customs, the phrase “reasonable accommodation” is at the centre of the ensuing debate. But what exactly is reasonable accommodation? Does it achieve its goal of integrating the rights of religious minorities with those of mainstream society – or does it emphasize inequality? Reasonable Accommodation features eight essays that seek to define the meaning of reasonable accommodation within Canada and abroad. These probing explorations touch on current hot-button topics such as women’s right to wear the niqab in public, religious diversity in prisons, and accommodating sexual diversity. Woven throughout are questions and commentary about whether there really is a religious majority in Canada, how the idea of “shared values” obscures debate, and how tolerating religious differences simply isn’t enough to guarantee equality. Reasonable Accommodation provides a much-needed critical assessment of this phrase and theorizes religious diversity and freedom of religion beyond the meaning of “tolerance” as it sometimes implies.

Legal Practice and Cultural Diversity

Author :
Publisher : Ashgate Publishing, Ltd.
Page : 366 pages
File Size : 40,99 MB
Release : 2009
Category : Law
ISBN : 9780754675471

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This collection considers how contemporary cultural and religious diversity challenges legal practice. Comparative in analysis, this study places particular cases in their widest context, taking into account international and transnational influences.