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This assortment examines the place and price of rights in divided and submit-battle societies, approaching the subject from a comparative and theoretical perspective.
Societies rising from violent battle sometimes go for a bill of rights as part of a wider package deal deal of constitutional reform. The place battle is fuelled by longstanding ethno-nationwide divisions, these divisions are typically addressed by the use of group-differentiated rights. Present constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/publish-battle societies, the place the aim of promoting unity is usually in rigidity with the need to accommodate distinction. In such situations, a bill of rights could possibly be a rallying degree spherical which every minorities and the majority can articulate a normal imaginative and prescient for a shared society. Conversely, a bill of rights might current merely one different venue in which to play out acquainted conflicts, further dividing an already divided society.
The central questions that animate the gathering are: (1) Can constitutional rights current a basis for unity and a normal 'human rights custom' in divided societies? In that case, how? (2) To what extent should divided societies go for a universalistic package deal deal of rights protections, or should the rights be tailored to the exact circumstances of a divided society, providing for specific group-delicate protections for minorities? (three) Is a divided society type of extra more likely to undertake a bill of rights? (4) How does the judiciary decide in the administration or resolution of ethno-nationwide battle? (5) What are the general theoretical and philosophical factors at stake in a rights-based technique to the administration or resolution of ethno-nationwide divisions or totally different conflicts?
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