Constitutional Design for Divided Societies: Integration or Accommodation?

Author:   Sujit Choudhry (Scholl Chair and Associate Dean, Faculty of Law, University of Toronto)
Publisher:   Oxford University Press
ISBN:  

9780199535415


Pages:   496
Publication Date:   27 March 2008
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Constitutional Design for Divided Societies: Integration or Accommodation?


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Author:   Sujit Choudhry (Scholl Chair and Associate Dean, Faculty of Law, University of Toronto)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.20cm , Height: 3.30cm , Length: 24.20cm
Weight:   0.890kg
ISBN:  

9780199535415


ISBN 10:   0199535418
Pages:   496
Publication Date:   27 March 2008
Audience:   College/higher education ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction: Integration, Accommodation and the Agenda of Comparative Constitutional Law ; PART I: SETTING THE STAGE ; 1. Integration or accommodation? The enduring debate in conflict regulation ; 2. The internationalization of minority rights ; 3. Does the world need more Canada? The politics of the Canadian model in constitutional politics and political theory ; 4. Beyond the dichotomy of universalism and difference: four responses to cultural diversity ; 5. Groups and constitutionalism in divided societies: a dynamic approach to the design of democratic institutions ; PART II: CASE STUDIES ; 6. Indonesia's quasi-federalist approach: accommodation amidst strong integrationist tendencies ; 7. Integrationist and accommodationist measures in Nigeria's constitutional engineering: successes and failures ; 8. The limits of constitutionalism in the Muslim world: identity and narration in Islamic law ; 9. A tale of three constitutions: ethnicity and politics in Fiji ; 10. Rival nationalisms in a plurinational state: Spain, Catalonia and the Basque Country ; 11. Northern Ireland ; 12. Iraq's Constitution of 2005: liberal consociation as political prescription ; 13. Recognition without empowerment: minorities in a democratic South Africa ; 14. Giving with one hand: Scottish devolution within a unitary state

Reviews

Drawing on the disciplines of law and political science, these essays bring theoretical sophistication to the study of constitutional design in general and to case studies of the design possibilities for constitutions in divided societies. This is one of the most important recent works on constitutional design, and should interest both lawyers and political scientists. Mark Tushnet, Harvard Law School The resolution of conflict in divided societies is one of the most intensely, and extensively, joined 'grand debates' of political science in recent years. Yet while constitutional analysis and constituional design figure prominently in that debate, the discipline of constitutional law itself has been largely absent. This landmark volume changes all that, and does so in a way that significantly enhances the quality of discussion. By placing a group of first-class constitutional lawyers and political scientists in dialogue with one another over the competing paradigms of integration and accommodation across a diverse range of societies and jurisdictions, it delivers a mine of new empirical insights and theoretical refinements. All in all, the book succeeds in making a compelling argument for the multi-disciplinary study of divided societies, and in instantly establishing itself as a 'must-read' for all members of that emergent 'multi-discipline'. Neil Walker, Edinburgh University This is a rich and provocative collection that will b e of value to a wide readership, including political scientists, legal scholars and public policy makers. Indeed, it should excite the sort of engagement by legal scholars-and not jsut comparative constitutionalists-that Choudry aims to provoke. Robert Dunbar, The Edinburgh Law Review, Vol 13, 2009 An excellent collection of essays and merits the attention of all researchers interested in issues surrounding constitutional law, minority rights and ethnic conflict. Laurence Cooley, Web Journal of Current Legal Issues, September 2009


Drawing on the disciplines of law and political science, these essays bring theoretical sophistication to the study of constitutional design in general and to case studies of the design possibilities for constitutions in divided societies. This is one of the most important recent works on constitutional design, and should interest both lawyers and political scientists. Mark Tushnet, Harvard Law School The resolution of conflict in divided societies is one of the most intensely, and extensively, joined 'grand debates' of political science in recent years. Yet while constitutional analysis and constituional design figure prominently in that debate, the discipline of constitutional law itself has been largely absent. This landmark volume changes all that, and does so in a way that significantly enhances the quality of discussion. By placing a group of first-class constitutional lawyers and political scientists in dialogue with one another over the competing paradigms of integration and accommodation across a diverse range of societies and jurisdictions, it delivers a mine of new empirical insights and theoretical refinements. All in all, the book succeeds in making a compelling argument for the multi-disciplinary study of divided societies, and in instantly establishing itself as a 'must-read' for all members of that emergent 'multi-discipline'. Neil Walker, Edinburgh University This is a rich and provocative collection that will b e of value to a wide readership, including political scientists, legal scholars and public policy makers. Indeed, it should excite the sort of engagement by legal scholars-and not jsut comparative constitutionalists-that Choudry aims to provoke. Robert Dunbar, The Edinburgh Law Review, Vol 13, 2009 An excellent collection of essays and merits the attention of all researchers interested in issues surrounding constitutional law, minority rights and ethnic conflict. Laurence Cooley, Web Journal of Current Legal Issues, September 2009 CDDS is undoubtedly a resource for those who occupy the vast 'pragmatic' middle ground between the right and the left Jeffrey B. Meyers, London School of Economics, the Modern Law Review


Drawing on the disciplines of law and political science, these essays bring theoretical sophistication to the study of constitutional design in general and to case studies of the design possibilities for constitutions in divided societies. This is one of the most important recent works on constitutional design, and should interest both lawyers and political scientists. The resolution of conflict in divided societies is one of the most intensely, and extensively, joined 'grand debates' of political science in recent years. Yet while constitutional analysis and constituional design figure prominently in that debate, the discipline of constitutional law itself has been largely absent. This landmark volume changes all that, and does so in a way that significantly enhances the quality of discussion. By placing a group of first-class constitutional lawyers and political scientists in dialogue with one another over the competing paradigms of integration and accommodation across a diverse range of societies and jurisdictions, it delivers a mine of new empirical insights and theoretical refinements. All in all, the book succeeds in making a compelling argument for the multi-disciplinary study of divided societies, and in instantly establishing itself as a 'must-read' for all members of that emergent 'multi-discipline'.


Drawing on the disciplines of law and political science, these essays bring theoretical sophistication to the study of constitutional design in general and to case studies of the design possibilities for constitutions in divided societies. This is one of the most important recent works on constitutional design, and should interest both lawyers and political scientists. Mark Tushnet, Harvard Law School The resolution of conflict in divided societies is one of the most intensely, and extensively, joined 'grand debates' of political science in recent years. Yet while constitutional analysis and constituional design figure prominently in that debate, the discipline of constitutional law itself has been largely absent. This landmark volume changes all that, and does so in a way that significantly enhances the quality of discussion. By placing a group of first-class constitutional lawyers and political scientists in dialogue with one another over the competing paradigms of integration and accommodation across a diverse range of societies and jurisdictions, it delivers a mine of new empirical insights and theoretical refinements. All in all, the book succeeds in making a compelling argument for the multi-disciplinary study of divided societies, and in instantly establishing itself as a 'must-read' for all members of that emergent 'multi-discipline'. Neil Walker, Edinburgh University This is a rich and provocative collection that will b e of value to a wide readership, including political scientists, legal scholars and public policy makers. Indeed, it should excite the sort of engagement by legal scholars-and not jsut comparative constitutionalists-that Choudry aims to provoke. Robert Dunbar, The Edinburgh Law Review, Vol 13, 2009 An excellent collection of essays and merits the attention of all researchers interested in issues surrounding constitutional law, minority rights and ethnic conflict. Laurence Cooley, Web Journal of Current Legal Issues, September 2009 CDDS is undoubtedly a resource for those who occupy the vast 'pragmatic' middle ground between the right and the left Jeffrey B. Meyers, London School of Economics, the Modern Law Review


Author Information

Sujit Choudhry holds the Scholl Chair at the Faculty of Law, University of Toronto, where is Associate Dean. He has written widely on comparative constitutional law and constitutional theory. His previous books include The Migration of Constitutional Ideas (Cambridge University Press) and Dilemmas of Solidarity (University of Toronto Press).

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