Constitutional Design for Divided Societies: Integration or Accommodation?

Hardcover | April 28, 2008

EditorSujit Choudhry

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How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in theworld today. There are two schools of thought on how to answer this question. Under the heading of "accommodation", some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinationalfederalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that suchpractices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of "integration" that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrininguniversal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across differentunits, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.

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How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in theworld today. There are two schools of thought...

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 Toront...

other books by Sujit Choudhry

Migration of Constitutional Ideas
Migration of Constitutional Ideas

Kobo ebook|Nov 1 2006

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Format:HardcoverDimensions:400 pages, 9.21 × 6.14 × 1.3 inPublished:April 28, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199535418

ISBN - 13:9780199535415

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Table of Contents

Sujit Choudhry: Introduction: Integration, Accommodation and the Agenda of Comparative Constitutional LawPart I: Setting the Stage1. John McGarry, Brendan O'Leary and Richard Simeon: Integration or accommodation? The enduring debate in conflict regulation2. Will Kymlicka: The internationalization of minority rights3. Sujit Choudhry: Does the world need more Canada? The politics of the Canadian model in constitutional politics and political theory4. Alan Patten: Beyond the dichotomy of universalism and difference: four responses to cultural diversity5. Richard H. Pildes: Groups and constitutionalism in divided societies: a dynamic approach to the design of democratic institutionsPart II: Case Studies6. Jacques Bertrand: Indonesia's quasi-federalist approach: accommodation amidst strong integrationist tendencies7. John Boye Ejobowah: Integrationist and accommodationist measures in Nigeria's constitutional engineering: successes and failures8. Anver Emon: The limits of constitutionalism in the Muslim world: identity and narration in Islamic law9. Yash Ghai and Jill Cottrell: A tale of three constitutions: ethnicity and politics in Fiji10. Michael Keating: Rival nationalisms in a plurinational state: Spain, Catalonia and the Basque Country11. John McGarry and Brendan O'Leary: Northern Ireland12. John McGarry and Brendan O'Leary: Iraq's Constitution of 2005: liberal consociation as political prescription13. Richard Simeon and Christina Murray: Recognition without empowerment: minorities in a democratic South Africa14. Stephen Tierney: Giving with one hand: Scottish devolution within a unitary state