Download e-book for iPad: Constitutional Design for Divided Societies: Integration or by Sujit Choudhry

By Sujit Choudhry

ISBN-10: 0199535418

ISBN-13: 9780199535415

How may still constitutional layout reply to the possibilities and demanding situations raised by way of ethnic, linguistic, non secular, and cultural transformations, and achieve this in ways in which advertise democracy, social justice, peace and balance? this is often essentially the most tricky questions dealing with societies on this planet at the present time.

There are faculties of concept on tips to resolution this question. lower than the heading of "accommodation", a few have argued for the necessity to realize, institutionalize and empower transformations. there are a selection of constitutional tools on hand to accomplish this target, resembling multinational federalism and administrative decentralization, felony pluralism (e.g. spiritual own law), other kinds of non-territorial minority rights (e.g. minority language and spiritual schooling rights), consociationalism, affirmative motion, legislative quotas, and so on. yet others have countered that such practices may possibly entrench, perpetuate and exacerbate the very divisions they're designed to control. They suggest a number of substitute techniques that fall less than the rubric of "integration" that would blur, go beyond and cross-cut changes. Such options contain money owed of rights enshrining common human rights enforced by way of judicial overview, regulations of disestablishment (religious and ethnocultural), federalism and electoral structures designed particularly to incorporate contributors of alternative teams in the similar political unit and to disperse contributors of an identical workforce throughout diverse devices, are a few examples.

In this quantity, major students of constitutional legislation, comparative politics and political idea handle the talk at a conceptual point, in addition to via quite a few kingdom case-studies, via an interdisciplinary lens, yet with a criminal and institutional focus.

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Extra resources for Constitutional Design for Divided Societies: Integration or Accommodation?

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Lijphart’s proposal is consociational democracy. ⁴¹ Lijphart has set out two iterations of the institutional details of the consociational model. ⁴³ The two ³⁸ Lijphart, Review Article, supra note 32. ³⁹ Horowitz, Democracy in Divided Societies, supra note 32. ⁴⁰ Id. ⁴¹ Lijphart, Consociation, supra note 32, at 168. ⁴² For these details, see Lijphart, supra note 5; Lijphart, Consociation and Federation, supra note 32; Lijphart, Non-Majoritarian Democracy, supra note 32. ⁴³ Arend Lijphart, Constitutional Design for Divided Societies, supra note 29; Arend Lijphart, The Wave of Power-Sharing Democracy, supra note 32.

For both, history figures mostly as a source of historical case-studies of successful and unsuccessful experiments in constitutional design. ⁸⁰ Constitutions have played a central role in this process, both in the regulative sense of creating institutions with state-wide authority to permit the creation and enforcement of these policies, and in the constitutive sense of projecting an image of political community meant to be internalized by citizens. The goals of nation building are diverse. ⁸¹ A sense of identification with a particular set of liberal democratic institutions and laws moves individuals to make those institutions work, and to accept their demands.

Lijphart, Consociation and Federation, supra note 32. ⁵⁰ Lijphart, Consociational Democracy, supra note 32. ⁵¹ Id. This is how one can read Lijphart’s first statement of the consociational model in his 1969 article in World Politics. ⁵² Lijphart, The Puzzle of Indian Democracy, supra note 32. ⁵³ Lijphart, Constitutional Choices, supra note 32. ⁵⁴ For a recent summary of these criticisms, see Horowitz, Constitutional Design, supra note 32, at 15. ⁵⁵ Id. at 20. ⁵⁶ To be fair, Lijphart agreed from outset that incentives to form a consociation were weak in this kind of situation.

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Constitutional Design for Divided Societies: Integration or Accommodation? by Sujit Choudhry

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