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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 before human 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 to what 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 decision in 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 assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places 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 from reviewing 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 rights law.
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 before human 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 to what 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 decision in 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 assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places 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 from reviewing 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 rights law.
Consociational power sharing is increasingly gaining ground, right around the world, as a means for resolving political conflict in divided societies. In this volume, edited by Rupert Taylor, nineteen internationally-respected scholars engage in a lively debate about the merits of the theory underlying this approach. The volume focuses specifically on one of the leading cases under the global spotlight, the Northern Ireland conflict, and brings together the most prominent proponents and opponents of consociationalism. Northern Ireland’s transition from war to peace is seen by consociationalists as flowing from the historic Belfast Agreement of 1998, and specifically from the Agreement’s consociational framework. The Northern Ireland case is marketed by consociationalists as representing best practice, and as providing a template for ending conflicts in other parts of the world. However, as this volume interrogates, on what grounds, and to what extent, can such a positive reading be upheld? Taken as a whole, this volume, structured as a symposium around the highly-influential argument of John McGarry and Brendan O’Leary, offers comparative, engaging, and critical insight into how political theory can contribute to the creation of a better world. Consociational Theory is an important text for anyone with an interest in political theory, conflict resolution in divided societies, or Irish politics.
This book critically examines the relationship between protecting human rights and building peace in post-violence societies. It explores the conditions that must be present, and strategies that should be adopted, for the former to contribute to the latter. The author argues that human rights can aid peacebuilding efforts by helping victims of past violence to articulate their grievance, and by encouraging the state to respond to and provide them with a meaningful remedy. This usually happens either through a process of adjudication, whereby human rights can offer guidance to the judiciary as to the best way to address such grievances, or through the passing and implementation of human rights laws and policies that seek to promote peace. However, this positive relationship between human rights and peace is both qualified and context specific. Through an interdisciplinary and comparative analysis of four case studies, the book identifies the conditions that can support the effective use of human rights as peacebuilding tools. Developing these, the book recommends a series of strategies that peacebuilders should adopt and rely on. Winner of the Constantinos Emilianides Award in Law for 2020 (joint conferment).
Human rights literature has tended to exclude religious foundations from the realm of human rights. This has led to a lack of progress which confuses our understanding of the relationship between human rights and religion: this book argues that by paying close attention to developments in human rights litigation we can make theoretical progress.
The European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights are three supranational jurisdictions that protect human rights. This book is the first comprehensive study to compare the three regional courts. It also considers how they operate as parts of a greater whole.
The Good Friday Agreement deserved the attention the world gave it, even if it was not always accurately understood. After its ratification in two referendums, for the first time in history political institutions throughout the island of Ireland rested upon the freely given assent of majorities of all the peoples on the island. It marked, it was hoped, the full political decolonization of Ireland. Whether Ireland would reunify, or whether Northern Ireland remain in union with Great Britain now rested on the will of the people of Ireland, North and South respectively: a complex mode of power-sharing addressed the self-determination dispute. The concluding volume of Brendan O'Leary's A Treatise on Northern Ireland explains the making of this settlement, and the many failed initiatives that preceded it under British direct rule. Long-term structural and institutional changes and short-term political maneuvers are given their due in this lively but comprehensive assessment. The Anglo-Irish Agreement is identified as the political tipping point, itself partially the outcome of the hunger strikes of 1980-81 that had prevented the criminalization of republicanism. Until 2016 the prudent judgment seemed to be that the Good Friday Agreement had broadly worked, eventually enabling Sinn Féin and the DUP to share power, with intermittent attention from the sovereign governments. Cultural Catholics appeared content if not in love with the Union with Great Britain. But the decision to hold a referendum on the UK's membership of the European Union has collaterally damaged and destabilized the Good Friday Agreement. That, in turn, has shaped the UK's tortured exit negotiations with the European Union. In appraising these recent events and assessing possible futures, readers will find O'Leary's distinctive angle of vision clear, sharp, unsentimental, and unsparing of reputations, in keeping with the mastery of the historical panoramas displayed throughout this treatise.
This book explores the nexus between education and politics in Lebanon, Northern Ireland, and Macedonia, drawing from an extensive body of original evidence and literature on power-sharing and post-conflict education in these post-conflict societies, as well as the repercussions that emerged from the end of civil war. This book demonstrates that education policy affects the resilience of political settlements by helping reproduce and reinforce the mutually exclusive religious, ethnic, and national communities that participated in conflict and now share political power. Using curricula for subjects—such as history, citizenship education, and languages—and structures like the existence of state-funded separate or common schools, Fontana shows that power-sharing constrains the scope for specific education reforms and offers some suggestions for effective ones to aid political stability and reconciliation after civil wars.
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.