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- DescriptionThis 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 eth-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 mirities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely ather 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 mirities? (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 eth-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of eth-national divisions or other conflicts?
- Author BiographyColin Harvey is Professor of Human Rights Law, Queen's University Belfast. Alex Schwartz is a Banting Fellow in the Department of Political Studies at Queen's University, Kingston, Canada.
- PublisherBloomsbury Publishing PLC
- Date of Publication20/07/2012
- SubjectNational Law: Professional
- Series TitleHuman Rights Law in Perspective
- Place of PublicationOxford
- Country of PublicationUnited Kingdom
- First Published2012
- ImprintHart Publishing
- Content Noteblack & white illustrations
- Weight590 g
- Width156 mm
- Height234 mm
- Spine20 mm
- Edited byAlex Schwartz,Alexander Schwartz,Colin Harvey
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