Download or read book Post coflict i e Conflict Constitutional Design in Plural Societies written by Daniel Francis Madden and published by . This book was released on 2007 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Design for Divided Societies written by Sujit Choudhry and published by OUP Oxford. This book was released on 2008-03-27 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.
Download or read book Post Conflict Power Sharing Agreements written by Imad Salamey and published by Springer. This book was released on 2017-07-27 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book surveys comparative power sharing models implemented in societies that have faced identity-conflicts, with attention given to post-conflict design. It analyzes the success and pitfalls of international experiences before proposing a model for Syria. Contributors address the central question: which among the set of power-sharing agreements that have helped settle protracted identity-driven armed conflict can provide Syria with a platform for dialogue, negotiation, and conflict mitigation? The comparative analysis advanced in this book extracts lessons from countries such as Bosnia-Herzegovina, India, Iraq, Lebanon, Mali, Northern Ireland, the Philippines and Sudan. The prospect of a post-conflict distribution of power in Syria is then unraveled from different sectarian, ethnic and regional perspectives. The authors also address challenges of peacebuilding such as violent extremism, gender participation, resettlements, retributions, transitional justice, integration of armed groups and regional and international sponsorship.
Download or read book Rights in Divided Societies written by Colin Harvey and published by Bloomsbury Publishing. This book was released on 2012-07-20 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Download or read book Post War Statebuilding and Constitutional Reform written by Sofía Sebastián-Aparicio and published by Springer. This book was released on 2014-05-21 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sebastián explores the experience of statebuilding and constitution making after violent conflict, using the failed reform of Dayton in Bosnia and Herzegovina as a case study to reflect upon the fundamental questions of post-war statebuilding, reform and the role of local and external actors.
Download or read book Conflict Management in Divided Societies written by Stefan Wolff and published by Routledge. This book was released on 2013-03 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook takes a multi-perspective approach to the study of conflict management in divided societies. The philosophies underpinning constitutional design are clearly explained, including power sharing, centripetalism, power dividing and territorial self-governance. The actors and processes involved, and the practicalities of the settlement process are covered in conceptual and theoretical contributions that include the evolution of diplomacy in peacemaking. The book ends with empirical case studies that explore the realities on the ground by specialists drawing on their experience of working in conflict zones.
Download or read book Constitutions and Conflict Management in Africa written by Alan J. Kuperman and published by University of Pennsylvania Press. This book was released on 2015-06-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each of Africa's countries has a different constitutional design, is characterized by a unique culture and history, and faces different stresses that threaten to undermine political stability. Presenting the first database of constitutional design in all African countries, along with seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence. With detailed comparative studies of Burundi, Ghana, Kenya, Nigeria, Senegal, Sudan, and Zimbabwe, contributing scholars identify key turning points at which a state's political institutions either mitigated or escalated the effects of economic, environmental, demographic, and political shocks. They find that stability can be promoted by various constitutional designs—not only by accommodative institutions that encourage decentralization and multiculturalism, but also by the integrative, centralized designs that characterize the constitutions of most African countries. The greatest danger may arise from partial or inequitable accommodation that can exacerbate societal tensions, culminating in violence up to and including civil war and genocide. Accordingly, Constitutions and Conflict Management in Africa cautions against the typical international prescription for radical reform to replace Africa's existing constitutions with accommodative designs, instead prescribing more gradual constitutional reform to strengthen liberal institutions, such as strong judiciaries and independent electoral commissions. This detailed and methodical volume provides vital lessons for fostering democracy and reducing civil conflict via constitutional reform in Africa and beyond. Contributors: Justin Orlando Frosini, Gilbert M. Khadiagala, Alan J. Kuperman, Karly Kupferberg, Eli Poupko, Eghosa E. Osaghae, Andrew Reynolds, Filip Reyntjens, Arame Tall, Hillary Thomas-Lake, Stefan Wolff, I. William Zartman.
Download or read book Peacebuilding Constitutionalism and the Global South written by Kajit Bagu (John Paul) and published by Routledge. This book was released on 2019-07-05 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in guaranteeing peace in the postcolonial global South. It develops an alternative, more compelling constitutionalism for peacebuilding in conflicted regions. This is based on constitutionalism that recognises plurality as a major feature in the global South. Drawing on events in Nigeria, it develops a constitutional model, based on Cognitive Justice, which could deliver peace by addressing historic, conceptual, legal, institutional and structural issues that have created social inequality and injustice. The study also incorporates insights from the development of plurinational constitutions in South America. The book will be an invaluable resource for researchers, academics and policy-makers with an interest in constitutional legal theory, peacebuilding and postcolonial studies
Download or read book Constitutional Design for Divided Societies written by Sujit Choudhry and published by Oxford University Press on Demand. This book was released on 2008 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should constitutions respond to the challenges raised by ethnic, linguistic, religious, and cultural differences? In this volume, leading scholars of constitutional law, comparative politics and political theory address this debate at a conceptual level, as well as through numerous country case-studies.
Download or read book Pluralist Constitutions in Southeast Asia written by Jaclyn L Neo and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.
Download or read book Conflict Power and the Landscape of Constitutionalism written by Gilles Tarabout and published by Taylor & Francis. This book was released on 2020-11-29 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book seeks to critically examine the implication of a constitution of law for a political society. It presents a collection of essays that seek to investigate how power acts on power, how limits produce excess, how separation of powers produces the union of powers (sanctified by the very constitution that had guaranteed the division in the first place), and how the theory of separation is, at the same time, a myth and a reality. At the backdrop of the book, of course, is the theory that every good constitution rigorously separates the legislature, the executive, and the judiciary from one another to guarantee the independence of each of these powers, such that this separation results in life, liberty, and security. If a constitution, however, symbolises and produces power, precisely because it separates one site of power from another, it follows that it is power itself that is the limit of power. Constitutionalism as a political culture of laws, therefore, must explain the dynamics of power. The book addresses both constitutions and the societies in which they emerge. Many of the essays in this collection show how institutional practices originating from a legal text create a matrix of power that owes its life, neither to a contract between men, nor between the state and men, nor even between the society and men, but rather to relations established, organized, and formalized by laws. The collection is significant because it gives colonial and post-colonial experiences a justified place in studies of law and constitutionalism, for it shows that while Montesquieu, Kant, and Burke each in their own way were promoting the spirit of laws, a more significant history of law-making was being enacted in order to defend a particular rule, and a particular type of government on another side of the world. Based on comparative studies in several countries across three continents, the book centrally deals with issues of constitutionalism, politica
Download or read book Strengthening Peace in Post Civil War States written by Matthew Hoddie and published by University of Chicago Press. This book was released on 2010-09-30 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the more frequent and most devastating of conflicts, civil wars—from Yugoslavia to Congo—frequently reignite and even spill over into the international sphere. Given the inherent fragility of civil war peace agreements, innovative approaches must be taken to ensure the successful resolution of these conflicts. Strengthening Peace in Post–Civil War States provides both analytical frameworks and a series of critical case studies demonstrating the effectiveness of a range of strategies for keeping the peace. Coeditors Matthew Hoddie and Caroline A. Hartzell here contend that lasting peace relies on aligning the self-interest of individuals and communities with the society-wide goal of ending war; if citizens and groups have a stake in peace, they will seek to maintain and defend it. The rest of the contributors explore two complementary approaches toward achieving this goal: restructuring domestic institutions and soft intervention. Some essays examine the first tactic, which involves reforming governments that failed to prevent war, while others discuss the second, an umbrella term for a number of non-military strategies for outside actors to assist in keeping the peace.
Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-17 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.
Download or read book Institutional Reforms and Peacebuilding written by Nadine Ansorg and published by Taylor & Francis. This book was released on 2016-09-13 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the question how institutional reform can contribute to peacebuilding in post-war and divided societies. In the context of armed conflict and widespread violence, two important questions shape political agendas inside and outside the affected societies: How can we stop the violence? And how can we prevent its recurrence? Comprehensive negotiated war terminations and peace accords recommend a set of mechanisms to bring an end to war and establish peace, including institutional reforms that promote democratization and state building. Although the role of institutions is widely recognized, their specific effects are highly contested in research as well as in practice. This book highlights the necessity to include path-dependency, pre-conflict institutions and societal divisions to understand the patterns of institutional change in post-war societies and the ongoing risk of civil war recurrence. It focuses on the general question of how institutional reform contributes to the establishment of peace in post-war societies. This book comprises three separate but interrelated parts on the relation between institutions and societal divisions, on institutional reform and on security sector reform. The chapters contribute to the understanding of the relationship between societal cleavages, pre-conflict institutions, path dependency, and institutional reform. This book will be of much interest to students of peacebuilding, conflict resolution, development studies, security studies and IR.
Download or read book Recognition Equality and Democracy written by Jurgen De Wispelaere and published by Routledge. This book was released on 2013-10-18 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a range of theoretical responses to issues in Irish politics. Its organising ideas: recognition, equality, and democracy set the terms of political debate within both jurisdictions. For some, there are significant tensions between the grammar of recognition, concerned with esteem, respect and the symbolic aspects of social life, and the logic of equality, which is primarily concerned with the distribution of material resources and formal opportunities, while for others, tensions are produced rather by certain interpretations of these ideas while alternative readings may, by contrast, serve as the basis for a systematic account of social and political inequality. The essays in this collection will explore these interconnections with reference to the politics of Northern Ireland and the Republic. The Republic has gone through a period in which its constitution was the focus for a liberal politics aimed at securing personal autonomy, while Northern Ireland’s political landscape has been shaped by the problem of securing political autonomy and democratic legitimacy. While the papers address key questions facing each particular polity, the issues themselves have resonances for politics on each side of the border.
Download or read book Power Sharing written by Allison McCulloch and published by Routledge. This book was released on 2017-04-21 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Power-sharing is an important political strategy for managing protracted conflicts and it can also facilitate the democratic accommodation of difference. Despite these benefits, it has been much criticised, with claims that it is unable to produce peace and stability, is ineffective and inefficient, and obstructs other peacebuilding values, including gender equality. This edited collection aims to enhance our understanding of the utility of power-sharing in deeply divided places by subjecting power-sharing theory and practice to empirical and normative analysis and critique. Its overarching questions are: Do power-sharing arrangements enhance stability, peace and cooperation in divided societies? Do they do so in ways that promote effective governance? Do they do so in ways that promote justice, fairness and democracy? Utilising a broad range of global empirical case studies, it provides a space for dialogue between leading and emerging scholars on the normative questions surrounding power-sharing. Distinctively, it asks proponents of power-sharing to think critically about its weaknesses. This text will be of interest to students, scholars and practitioners of power-sharing, ethnic politics, democracy and democratization, peacebuilding, comparative constitutional design, and more broadly Comparative Politics, International Relations and Constitutional and Comparative Law.
Download or read book Comparative Matters written by Ran Hirschl and published by . This book was released on 2014 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.
