Federalism, subnational constitutions, and minority rights
Published:
2004
Publisher:
Praeger, Westport, Conn
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...
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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
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Contents; Preface; Part I: Overviews; 1. Subnational Constitutional Space: A View from the States, Provinces, Regions, Länder, and Cantons; 2. Equality Considerations and Their Relation to Minority Protections, State Constitutional Law, and Federalism; 3. Participation in the Decision-Making Process as a Means of Group Accommodation; Part II: Mature Federal Systems; 4. Austrian Federalism and the Protection of Minorities; 5. The Protection of Minorities in a Federal State: The Case of Germany; 6. American State Constitutions and Minority Rights; Part III: Regional Systems in Transformation
7. Asymmetric, ""Quasi-Federal"" Regionalism and the Protection of Minorities: The Case of Italy8. Federalism, Subnational Constitutional Arrangements, and the Protection of Minorities in Spain; Part IV: Multinational Federations; 9. A Dynamic Federalism Built on Static Principles: The Case of Belgium; 10. Federalism and Consociationalism as Tools for State Reconstruction? The Case of Bosnia and Herzegovina; 11. Federalism and Nonterritorial Minorities in India; 12. Federalism, Subnational Constitutional Arrangements, and the Protection of Minorities in Switzerland; Index; A; B; C; D; E; F; G
HI; L; M; N; P; Q; R; S; T; U; Y; About the Editors and Contributors