Taking Ethno-Cultural Diversity Seriously in Constitutional Design

Taking Ethno-Cultural Diversity Seriously in Constitutional Design
Author: Solomon A. Dersso
Publisher: Martinus Nijhoff Publishers
Total Pages: 279
Release: 2012-11-08
Genre: Law
ISBN: 9004235531

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Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book defends a robust system of minority rights built around culture, equality and self-determination. This is employed to elaborate an adequate constitutional design providing policy frameworks (multilingual language policy, recognition and affirmation of cultural diversity,), structures (that ensure just representation and participation of members of all groups) and norms (that guarantee substantive equality and the rights to language, religion and culture). The study then proffers two cases studies (South Africa and Ethiopia) to ascertain how such constitutional design might be translated into actual policy frameworks, institutions and norms.

Taking Ethno-Cultural Diversity Seriously in Constitutional Design

Taking Ethno-Cultural Diversity Seriously in Constitutional Design
Author: Solomon A. Dersso
Publisher: Martinus Nijhoff Publishers
Total Pages: 280
Release: 2012
Genre: Law
ISBN: 9004205357

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Using a legal and multidisciplinary approach towards empirical and prescriptive analysis of contemporary minority rights standards, this book defends and elaborates a robust minority rights framework for articulating a constitutional design responsive to the claims of ethno-cultural groups in Africa.

A Theory of African Constitutionalism

A Theory of African Constitutionalism
Author: Berihun Adugna Gebeye
Publisher: Oxford University Press
Total Pages: 273
Release: 2021
Genre: Law
ISBN: 0192893920

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A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.

Minority Accommodation through Territorial and Non-Territorial Autonomy

Minority Accommodation through Territorial and Non-Territorial Autonomy
Author: Tove H. Malloy
Publisher: Oxford University Press
Total Pages: 320
Release: 2015-10-08
Genre: Political Science
ISBN: 0191063592

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Minority Accommodation through Territorial and Non-Territorial Autonomy explores the relationship between minority, territory, and autonomy, and how it informs our understanding of non-territorial autonomy (NTA) as a strategy for accommodating ethno-cultural diversity in modern societies. While territorial autonomy (TA) is defined by a claim to a certain territory, NTA does not assume that it is derived from any particular right to territory, allocated to groups that are dispersed among the majority while belonging to a certain self-identified notion of group identity. In seeking to understand the value of NTA as a public policy tool for social cohesion, this volume critically dissects the autonomy arrangements of both NTA and TA, and through a conceptual analysis and case-study examination of the two models, rethinks the viability of autonomy arrangements as institutions of diversity management. This is the second volume in a five-part series exploring the protection and representation of minorities through non-territorial means, examining this paradox within law and international relations with specific attention to non-territorial autonomy (NTA).

The United Nations Declaration on Minorities

The United Nations Declaration on Minorities
Author: Ugo Caruso
Publisher: Hotei Publishing
Total Pages: 421
Release: 2015-03-31
Genre: Law
ISBN: 9004251561

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Created in order to celebrate the 20th Anniversary of the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992-2012), this publication aims to offer readers a comprehensive review, written by a variety of scholars in the field, of the value and impact of the standards formulated in the Declaration. In so doing, it hopes to stimulate attention for and debate around the Declaration and its principles. The regional perspectives and case studies included further enable the identification of positive initiatives and good practices as well as persistent gaps in the implementation of the standards enshrined in the Declaration.

Land Issues for Urban Governance in Sub-Saharan Africa

Land Issues for Urban Governance in Sub-Saharan Africa
Author: Robert Home
Publisher: Springer Nature
Total Pages: 364
Release: 2020-11-11
Genre: Political Science
ISBN: 303052504X

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Sub-Saharan Africa faces many development challenges, such as its size and diversity, rapid urban population growth, history of colonial exploitation, fragile states and conflicts over land and natural resources. This collection, contributed from different academic disciplines and professions, seeks to support the UN Habitat New Urban Agenda passed at Habitat III in Quito, Ecuador, in 2016. It will attract readers from urban specialisms in law, geography and other social sciences, and from professionals and policy-makers concerned with land use planning, surveying and governance. Among the topics addressed by the book are challenges to governance institutions: how international development is delivered, building land management capacity, funding for urban infrastructure, land-based finance, ineffective planning regulation, and the role of alternatives to courts in resolving boundary and other land disputes. Issues of rights and land titling are explored from perspectives of human rights law (the right to development, and women's rights of access to land), and land tenure regularization. Particular challenges of housing, planning and informality are addressed through contributions on international real estate investment, community participation in urban settlement upgrading, housing delivery as a partly failing project to remedy apartheid's legacy, and complex interactions between political power, money and land. Infrastructure challenges are approached in studies of food security and food systems, urban resilience against natural and man-made disasters, and informal public transport.

Reimagining Legal Pluralism in Africa

Reimagining Legal Pluralism in Africa
Author:
Publisher: BRILL
Total Pages: 514
Release: 2024-06-06
Genre: Law
ISBN: 9004696741

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This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.

Ethno-Cultural Diversity and Human Rights

Ethno-Cultural Diversity and Human Rights
Author: Gaetano Pentassuglia
Publisher: BRILL
Total Pages: 389
Release: 2018-01-22
Genre: Law
ISBN: 9004328785

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What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.

Constitutionalism in Context

Constitutionalism in Context
Author: David S. Law
Publisher:
Total Pages: 612
Release: 2022-02-09
Genre: Law
ISBN: 1108674267

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With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.