Courts and Consociations: Human Rights versus Power-Sharing by Christopher McCruddenCourts and Consociations: Human Rights versus Power-Sharing by Christopher McCrudden

Courts and Consociations: Human Rights versus Power-Sharing

byChristopher McCrudden, O'leary, Brendan

Hardcover | April 10, 2013

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Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged beforehuman rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and towhat extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decisionin Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assesses its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators inplaces riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts fromreviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rightslaw.

About The Author

Christopher McCrudden FBA is Professor of Human Rights and Equality Law at Queen's University, Belfast, Leverhulme Major Research Fellow (2011-14), and William W Cook Global Professor of Law at the University of Michigan Law School. A Fellow of the British Academy, he is the author of numerous titles, including Buying Social Justice (...
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Title:Courts and Consociations: Human Rights versus Power-SharingFormat:HardcoverDimensions:230 pages, 9.21 × 6.14 × 0.03 inPublished:April 10, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199676844

ISBN - 13:9780199676842

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Table of Contents

Preface: A Tale from the Future and a Salutary Story for Our Times1. Consociations and Consociationalism2. Bosnia as a Consociation3. Human Rights Law and Courts in Consociations4. The Belgian Consociational Cases in the European Court of Human Rights5. Departing from Precedent6. The Bosnian Constitutional Court and Consociation7. The Grand Chamber Judgment8. Sejdic and Finci and The Future of ConsociationsConclusions and Policy Implications