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Navigating the Unknown
In this book, Bertus de Villiers offers unique insights into institutional design aimed at the protection of minority rights. He reflects on several case studies to highlight various aspects of the complexity of contemporary constitution drafting and how creative solutions have been found to secure the rights of minorities. The respective chapters drill down to a practical level to assist constitutional scholars, legal scientists, the judiciary and practitioners to better comprehend the dynamics of minority rights in the country under discussion; to be informed by the jurisprudence that have arisen; and to gain insights from the adjustments that had to be made to more effectively protect the rights of minorities.
Indigenous Rights in the Modern Era
International law is rich in promise but poor in detail and practical application about the rights of indigenous people. This book focuses on practical measures that have been implemented in states to give effect to free, prior and informed consent (FPIC); self-determination by indigenous people; special electoral measures to benefit indigenous people; and the role of advisory bodies to advocate for indigenous interests. In many comparative works there are often only scant or brief reference to some country-experiences, but in this book several case studies are explored in depth to promote a greater understanding of the self-determination arrangements that have been implemented. These case studies represent a form of glocalisation, whereby global principles are applied to find local solutions, and local solutions in turn inform greater clarity and specificity to global principles. At the end of each chapter key lessons that can be drawn from the respective case studies are identified in the hope that those may inform developments in other countries and in international law.
Taking Ethno-Cultural Diversity Seriously in Constitutional Design
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.
Democratizing the Hegemonic State
This book provides a new, comprehensive analytical framework for the examination of majority-minority relations in deeply divided societies. Hegemonic states in which one ethnic group completely dominates all others will continue to face enormous pressures to transform because they are out of step with the new, emerging, global governing code that emphasizes democracy and equal rights. Refusal to change would lead such states to lose international legitimacy and face increasing civil strife, instability, and violence. Through systematic theoretical analysis and careful empirical study of 14 key cases, Peleg examines the options open to polities with diverse populations. Challenging the conventional wisdom of many liberal democrats, Peleg maintains that the preferred solution for a traditional hegemonic polity is not merely to grant equal rights to individuals, but also to incorporate significant group rights via mega-constitutional transformation.
Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts
This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
Multinational Democracies
In this book, political scientists provide a collaborative study of multinational democracies and the difficulties in governing them.
Explaining Federalism
This book deals with the theoretical and empirical questions of federalism in the context of five case studies: Austria, Belgium, Canada, Germany and Switzerland. The central argument is that in the long run the political institutions of federalism adapt to achieve congruence with the underlying social structure. This change could be in the centralist direction reflecting ethno-linguistic homogeneity, or in decentralist terms corresponding to ethno-linguistic heterogeneity. In this context, the volume: fills a gap in the comparative federalism literature by analyzing the patterns of change and continuity in five federal systems of the industrial west, this is done by an in-depth empirical examination of the case studies through a single framework of analysis illustrates the shortcomings of new-institutionalist approaches in explaining change, highlighting the usefulness of society-based approaches in studying change and continuity in comparative politics. Explaining Federalism will be of interest to students and scholars of federalism, comparative government, comparative institutional analysis and comparative public policy.
The Idea of Property
Legal scholars and philosophers have long been engaged in studying the secret of the internal structure of property in law. This text aims to advance our understanding of property as an idea and the power that claimed property rights should have against competing public interests.
Leo Strauss and His Legacy
With over 10,000 entries, this bibliography is the most comprehensive guide to published writing in the tradition of Leo Strauss, who lived from 1899 to 1973 and was one of the most influential political philosophers of the twentieth century. John A. Murley provides Strauss's own complete bibliography and identifies the work of hundreds of Strauss's students, and their students' students. Leo Strauss and His Legacy charts the path of influence of a beloved teacher and mentor, a deep and lasting heritage that permeates the classrooms of the twenty-first century. Each new generation of students of political philosophy will find this bibliography an indispensable resource.
Redefining Europe
On May 1, 2004, the European Union expanded dramatically. Ten new countries on the periphery of the old union were absorbed, changing the EU in many ways. How can we redefine Europe now? What is its meaning? Is “Europe” just a theoretical concept or, worse yet, merely a small geographical region? Or, on the contrary, is Europe re-emerging as a Western civilization of its own, a North Atlantic partner? Many scholars believe that federalism should play the central role as 25 member states seek to cooperate fully while simultaneously retaining their sovereignty. This volume, with new and thought-provoking contributions by leading experts, clarifies the issues and proposes ways in which federalism can rescue and preserve the new Europe.
