By Sujit Choudhry

How may still constitutional layout reply to the possibilities and demanding situations raised by way of ethnic, linguistic, non secular, and cultural modifications, and achieve this in ways in which advertise democracy, social justice, peace and balance? this is often probably the most tricky questions dealing with societies on the earth today.

There are faculties of concept on the right way to resolution this query. below the heading of lodging, a few have argued for the necessity to realize, institutionalize and empower alterations. there are a selection of constitutional tools to be had to accomplish this objective, equivalent to multinational federalism and administrative decentralization, criminal pluralism (e.g. non secular own law), different kinds of non-territorial minority rights (e.g. minority language and non secular schooling rights),
consociationalism, affirmative motion, legislative quotas, and so on. yet others have countered that such practices may possibly entrench, perpetuate and exacerbate the very divisions they're designed to control. They suggest a number substitute thoughts that fall below the rubric of integration that may blur,
transcend and cross-cut adjustments. Such suggestions contain debts of rights enshrining common human rights enforced through judicial assessment, regulations of disestablishment (religious and ethnocultural), federalism and electoral platforms designed particularly to incorporate individuals of other teams in the comparable political unit and to disperse participants of an identical team throughout varied devices, are a few examples.

In this quantity, major students of constitutional legislation, comparative politics and political concept tackle the talk at a conceptual point, in addition to via various state case-studies, via an interdisciplinary lens, yet with a criminal and institutional focus.

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Constitutional Design for Divided Societies: Integration or Accommodation? by Sujit Choudhry


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