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

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

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

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

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

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

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

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.

Constitutional Design for Divided Societies

Constitutional Design for Divided Societies
Author: Sujit Choudhry
Publisher: OUP Oxford
Total Pages: 496
Release: 2008-03-27
Genre: Law
ISBN: 0191021512

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.

Constitutional Democracy in a Multicultural and Globalised World

Constitutional Democracy in a Multicultural and Globalised World
Author: Thomas Fleiner
Publisher: Springer Science & Business Media
Total Pages: 687
Release: 2009-01-31
Genre: Political Science
ISBN: 3540764127

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.