Federalism, Subnational Constitutions, and Minority Rights
Published on 1. August 2004
Book
Paperback/Softback
256 pages
978-0-275-98024-5 (ISBN)
Description
Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems.
This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.
This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.
More details
Language
English
Place of publication
United States
Publishing group
Bloomsbury Publishing Plc
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 14 mm
Weight
395 gr
ISBN-13
978-0-275-98024-5 (9780275980245)
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Schweitzer Classification
Persons
G. ALAN TARR is the Director of the Center for State Constitutional Studies, and Chair, Department of Political Science, Rutgers University, Camden. He currently serves on the Scholars Advisory Board of the National Constitutional Center.
ROBERT F. WILLIAMS is Distinguished Professor of Law, Rutgers University School of Law, Camden.
JOSEF MARKO is Director of the European Academy, Bolzano, Italy, Chief Justice of the Constitutional Court of Bosnia-Herzegovina, and Professor of Law, Graz University, Austria.
ROBERT F. WILLIAMS is Distinguished Professor of Law, Rutgers University School of Law, Camden.
JOSEF MARKO is Director of the European Academy, Bolzano, Italy, Chief Justice of the Constitutional Court of Bosnia-Herzegovina, and Professor of Law, Graz University, Austria.
Content
Preface Overviews Subnational Constitutional Space: A View from the States, Provinces, Regions, Lander and Cantons by Robert F. Williams and G. Alan Tarr Equality, Minority Protections, State Constitutional Law, and Federalism by Kristin Henrard Participation in the Decision-Making Process as a Means of Group Accommodation by Nicole Topperwien Mature Federal Systems Austrian Federalism and the Protection of Minorities by Anna Gamper The Protection of Minorities in a Federal State: The Case of Germany by Norman Weiss American State Constitutions and Minority Rights by G. Alan Tarr Regional Systems in Transformation Asymmetric, "Quasi-Federal" Regionalism, and the Protection of Minorities: The Case of Italy by Francesco Palermo Regional Autonomy in Spain by Eduardo J. Ruiz Vieytez Multinational Federations A Dynamic Federalism Built on Static Principles: The Case of Belgium by Wouter Pas Federalism and Consociationalism as Tools for State Reconstruction: The Case of Bosnia and Herzegovina by Jens Woelk Federalism and Nonterritorial Minorities in India by Arshi Khan Federalism, Subnational Constitutional Arrangements, and the Protection of Minority Rights: A Case Study--Switzerland by Giovanni Biaggini About the Contributors Index