By Sujit Choudhry
How should still constitutional layout reply to the possibilities and demanding situations raised by way of ethnic, linguistic, non secular, and cultural transformations, and accomplish that in ways in which advertise democracy, social justice, peace and balance? this is often essentially the most tricky questions dealing with societies on this planet this day.
There are colleges of notion on how one can resolution this query. below the heading of "accommodation", a few have argued for the necessity to realize, institutionalize and empower transformations. there are a selection of constitutional tools on hand to accomplish this objective, equivalent to multinational federalism and administrative decentralization, criminal pluralism (e.g. spiritual 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 might entrench, perpetuate and exacerbate the very divisions they're designed to regulate. They suggest a number of replacement concepts that fall less than the rubric of "integration" that might blur, go beyond and cross-cut changes. Such thoughts comprise money owed of rights enshrining common human rights enforced by way of judicial evaluation, 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 individuals of an analogous staff throughout varied devices, are a few examples.
In this quantity, best students of constitutional legislation, comparative politics and political concept tackle the talk at a conceptual point, in addition to via quite a few nation case-studies, via an interdisciplinary lens, yet with a felony and institutional focus.
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Extra info for Constitutional Design for Divided Societies: Integration or Accommodation?
Horowitz, A Splitting Headache, 34 The New Republic 33 (Feb. 23, 1987) (book reviews); Donald L. Horowitz, Democracy in Divided Societies, 4 J. Democracy 18 (1993) [hereinafter Horowitz, Democracy in Divided Societies]; Donald L. Horowitz, The Alternative Vote and Interethnic Moderation: A Reply to Fraenkel and Grofman, 121 Pub. Choice 507 (2004) [hereinafter Horowitz, The Alternative Vote]; Donald L. Horowitz, Strategy Takes a Holiday: Fraenkel and Grofman on the Alternative Vote, 39 Comp. Pol.
Horowitz, Democracy in Divided Societies, 4 J. Democracy 18 (1993) [hereinafter Horowitz, Democracy in Divided Societies]; Donald L. Horowitz, The Alternative Vote and Interethnic Moderation: A Reply to Fraenkel and Grofman, 121 Pub. Choice 507 (2004) [hereinafter Horowitz, The Alternative Vote]; Donald L. Horowitz, Strategy Takes a Holiday: Fraenkel and Grofman on the Alternative Vote, 39 Comp. Pol. Stud. 652 (2006) [hereinafter Horowitz, Strategy Takes a Holiday]; Donald L. Horowitz, Incentives and Behaviour in the Ethnic Politics of Sri Lanka and Malaysia, 11 Third World Q.
Since there is no permanent exclusion of any segment of society from political power, the losers under a regime of competitive politics accept this loss in the hope that they will win another day. Political competition does not threaten political stability. The competitive paradigm of democratic politics depends on two assumptions—that opposition parties will eventually share power and that, because of the shifting nature of majority coalitions, governing parties will not abuse their power. But as Lijphart famously argued in Democracy in Plural Societies, these assumptions do not hold in deeply divided societies.
Constitutional Design for Divided Societies: Integration or Accommodation? by Sujit Choudhry