Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts

Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts PDF

Author: Bertus de Villiers

Publisher: BRILL

Published: 2021-08-30

Total Pages: 295

ISBN-13: 9004461663

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This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.

State of the World’s Minorities and Indigenous Peoples 2016

State of the World’s Minorities and Indigenous Peoples 2016 PDF

Author: Peter Grant

Publisher: Minority Rights Group

Published: 2016-07-12

Total Pages: 112

ISBN-13: 1907919805

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The unique cultures of minorities and indigenous peoples worldwide – spanning a wide variety of customs and practices – are under threat. This year’s edition of State of the World’s Minorities and Indigenous Peoples highlights the impact of land dispossession, forced assimilation and other forms of discrimination on the most fundamental aspects of their identity, including language, art, traditional knowledge and spirituality. But while the effects of this attrition can be devastating, minority and indigenous cultures have also been critical in strengthening communities and providing activists with a platform to fight for their rights. As this volume illustrates, ensuring that the cultural freedoms of minorities and indigenous peoples are protected is essential if their other rights are also to be respected.

State of the World’s Minorities and Indigenous Peoples 2013

State of the World’s Minorities and Indigenous Peoples 2013 PDF

Author: Beth Walker

Publisher: Minority Rights Group

Published: 2013-09-24

Total Pages: 254

ISBN-13: 1907919406

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In almost every country in the world, minorities and indigenous peoples suffer greater ill-health and receive poorer quality of care than other segments of the population. They die younger, face higher rates of disease and struggle more to access health services compared to the rest of the population. This year's edition of State of the World's Minorities and Indigenous Peoples presents a global picture of the health issues experienced by minorities and indegenous communities, features country profiles and case studies, and makes recommendations for addressing these key issues.

Climate Change Litigation: Global Perspectives

Climate Change Litigation: Global Perspectives PDF

Author: Ivano Alogna

Publisher: BRILL

Published: 2021-04-26

Total Pages: 567

ISBN-13: 900444761X

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This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.

Navigating the Unknown

Navigating the Unknown PDF

Author: Bertus De Villiers

Publisher: Studies in Territorial and Cul

Published: 2022-04-07

Total Pages: 316

ISBN-13: 9789004512108

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In this book Bertus de Villiers offers by way of selected case studies unique insight into the design of institutions for minority protection and practical insights into contemporary minority issues.

The Principle of Equality in Diverse States

The Principle of Equality in Diverse States PDF

Author: Eva Maria Belser

Publisher: BRILL

Published: 2021-05-25

Total Pages: 460

ISBN-13: 9004394613

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This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.

Transformative Constitutionalism in Latin America

Transformative Constitutionalism in Latin America PDF

Author: Armin von Bogdandy

Publisher: Oxford University Press

Published: 2017-06-16

Total Pages: 448

ISBN-13: 0192515462

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This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality

The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality PDF

Author: David Oppenheimer

Publisher: BRILL

Published: 2019-08-26

Total Pages: 120

ISBN-13: 900434599X

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"Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union"--

Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law PDF

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 201

ISBN-13: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Courts and Diversity

Courts and Diversity PDF

Author: Bertus de Villiers

Publisher: BRILL

Published: 2024-03-04

Total Pages: 311

ISBN-13: 9004691693

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The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.