Asymmetry, Multinationalism and Constitutional Law

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Release : 2020-09-02
Genre : Law
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Book Rating : 208/5 ( reviews)

Asymmetry, Multinationalism and Constitutional Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Asymmetry, Multinationalism and Constitutional Law write by Maja Sahadžić. This book was released on 2020-09-02. Asymmetry, Multinationalism and Constitutional Law available in PDF, EPUB and Kindle. This book examines the link between constitutional asymmetry and multinationalism and the effects asymmetry produces on legitimacy and stability in federal and quasi-federal systems. This is done through a structured and exhaustive comparative analysis, covering states in Africa, America, Asia, and Europe. Contrary to traditional federal theory, contemporary scholars have linked constitutional asymmetry with multinational federal systems, by presenting asymmetry as a mechanism for diversity management. This book offers insights on whether and how constitutional asymmetry is linked with multinationalism and looks into the socio-economic, cultural-ideological, historical, and separatist factors that support the emergence of asymmetries. The work also provides a legal analysis of whether constitutional asymmetry is a condition or a threat to legitimacy and stability in federal systems. The book will be essential reading for academics, researchers, and policy-makers in law and political science interested in the fields of constitutional law, federal theory, multinationalism, and minorities.

Constitutional Asymmetry in Multinational Federalism

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Release : 2019-02-18
Genre : Political Science
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Book Rating : 014/5 ( reviews)

Constitutional Asymmetry in Multinational Federalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Asymmetry in Multinational Federalism write by Patricia Popelier. This book was released on 2019-02-18. Constitutional Asymmetry in Multinational Federalism available in PDF, EPUB and Kindle. This edited volume examines the link between constitutional asymmetry and multinationalism in multi-tiered systems through a comprehensive and rigorous comparative analysis, covering countries in Europe, Africa and Asia. Constitutional asymmetry means that the component units of a federation do not have equal relationships with each other and with the federal authority. In traditional federal theories, this is considered an anomaly. The degree of symmetry and asymmetry is seen as an indicator of the degree of harmony or conflict within each system. Therefore symmetrisation processes tend to be encouraged to secure the stability of the political system. However, scholars have linked asymmetry with multinational federalism, presenting federalism and asymmetry as forms of ethnical conflict management. This book offers insights into the different types of constitutional asymmetry, the factors that stimulate symmetrisation and asymmetrisation processes, and the ways in which constitutional asymmetry is linked with multinationalism.

Asymmetries in Constitutional Law

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Release : 2009
Genre : Law
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Book Rating : 508/5 ( reviews)

Asymmetries in Constitutional Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Asymmetries in Constitutional Law write by Francesco Palermo. This book was released on 2009. Asymmetries in Constitutional Law available in PDF, EPUB and Kindle.

Constitutional Law and Politics of Secession

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Release : 2023-07-31
Genre : Law
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Book Rating : 315/5 ( reviews)

Constitutional Law and Politics of Secession - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Law and Politics of Secession write by Antoni Abat i Ninet. This book was released on 2023-07-31. Constitutional Law and Politics of Secession available in PDF, EPUB and Kindle. This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

Ethnic Diversity, Plural Democracy and Human Dignity

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Release : 2022-04-25
Genre : Law
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Book Rating : 172/5 ( reviews)

Ethnic Diversity, Plural Democracy and Human Dignity - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Ethnic Diversity, Plural Democracy and Human Dignity write by Mario Krešić. This book was released on 2022-04-25. Ethnic Diversity, Plural Democracy and Human Dignity available in PDF, EPUB and Kindle. “Given their ethnic diversity, to what extent, and at what cost and benefit to human dignity, can European countries adopt and adapt plural democracy?” The contributors to this volume offer answers to this question from a variety of multidisciplinary perspectives within the framework of the integral theory of law and the state. Their shared aim is to explain legal phenomena in the context of other relevant issues and to identify, analyse and critique conceptualizations, problems and situations. This volume is rooted in the historical and contemporary European experience with special cases from Bosnia and Hercegovina, Croatia, Latvia, Slovenia, Spain and Canada which are relevant for understanding the European problem. Solutions to the problem are sought through innovative interpretations of the rule of law, democracy and human dignity, which are followed by argumentation about how these concepts, when recognized as European legal principles, can be implemented in order to avoid ethnic conflicts. Following an introduction that defines the problem at the centre of the book and explains how legal theory can be used to address it, the book consists of eleven contributions divided into three thematic sections. The first covers topics concerning the European principles which can help avoid ethnic conflicts: the principle of compulsory adjudication in interstate relations, the principle of democracy, and principles regarding the recognition of individual and collective identities. These European principles are then investigated by drawing on legal and political theories. The second section presents three ways of conceptualizing ethnical needs in multi-ethnic states: asymmetric federalism, dêmoicratic account and cooperative federalism. The third and final section elaborates on issues concerning the protection of minority rights: the role of judicial ideology in protecting minority rights, citizenship, the EU mechanism for the protection of minority rights, and the importance of remembering tragic events affecting minorities.