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The Minority Rights Revolution

Author: John David Skrentny

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 490

ISBN-13: 0674043731

In the wake of the black civil rights movement, other disadvantaged groups of Americans began to make headway--Latinos, women, Asian Americans, and the disabled found themselves the beneficiaries of new laws and policies--and by the early 1970s a minority rights revolution was well underway. In the first book to take a broad perspective on this wide-ranging and far-reaching phenomenon, John D. Skrentny exposes the connections between the diverse actions and circumstances that contributed to this revolution--and that forever changed the face of American politics. Though protest and lobbying played a role in bringing about new laws and regulations--touching everything from wheelchair access to women's athletics to bilingual education--what Skrentny describes was not primarily a bottom-up story of radical confrontation. Rather, elites often led the way, and some of the most prominent advocates for expanding civil rights were the conservative Republicans who later emerged as these policies' most vociferous opponents. This book traces the minority rights revolution back to its roots not only in the black civil rights movement but in the aftermath of World War II, in which a world consensus on equal rights emerged from the Allies' triumph over the oppressive regimes of Nazi Germany and Imperial Japan, and then the Soviet Union. It also contrasts failed minority rights development for white ethnics and gays/lesbians with groups the government successfully categorized with African Americans. Investigating these links, Skrentny is able to present the world as America's leaders saw it; and so, to show how and why familiar figures--such as Lyndon Johnson, Richard Nixon, and, remarkably enough, conservatives like Senator Barry Goldwater and Robert Bork--created and advanced policies that have made the country more egalitarian but left it perhaps as divided as ever.

Minority Rights, Majority Rule

Author: Sarah A. Binder

Publisher: Cambridge University Press

Published: 1997-06-13

Total Pages: 260

ISBN-13: 9780521587921

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Minority Rights, Majority Rule seeks to explain a phenomenon evident to most observers of the US Congress. In the House of Representatives, majority parties rule and minorities are seldom able to influence national policy making. In the Senate, minorities quite often call the shots, empowered by the filibuster to frustrate the majority. Why did the two chambers develop such distinctive legislative styles? Conventional wisdom suggests that differences in the size and workload of the House and Senate led the two chambers to develop very different rules of procedure. Sarah Binder offers an alternative, partisan theory to explain the creation and suppression of minority rights, showing that contests between partisan coalitions have throughout congressional history altered the distribution of procedural rights. Most importantly, new majorities inherit procedural choices made in the past. This institutional dynamic has fuelled the power of partisan majorities in the House but stopped them in their tracks in the Senate.

Minorities, Minority Rights and Internal Self-Determination

Author: Ulrike Barten

Publisher: Springer

Published: 2014-09-23

Total Pages: 299

ISBN-13: 3319088769

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The book questions the classic idea of self-determination – the right to self-determination is a right of peoples, not of minorities – by examining the content of the right to self-determination and the content of minority rights. Self-determination has four dimensions: the political, the economic, the social and the cultural dimensions. Minorities have minority rights that touch on most aspects of life as a member of a minority. If there is an overlap between minority rights and the different dimensions of self-determination, the concept that the right to self-determination is only applicable to peoples loses credibility. No global and general conclusion is envisaged; there are restrictions in place. The work is limited to the European framework and is further restricted to classic minorities. The argument is based on a legitimacy and justice approach. The analysis in this book shows that some minority rights overlap with the different dimensions of internal self-determination. In short, classic minorities in Europe have a right to internal self-determination.

Global Minority Rights

Author: Joshua Castellino

Publisher: Routledge

Published: 2017-05-15

Total Pages: 711

ISBN-13: 1351933345

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This important volume brings together a range of material in different areas of law and the social sciences that address questions concerning the rights of minorities. The discipline is arguably one of the oldest branches of public international law, and owes its heritage to those who struggled to create standards to protect the numerically inferior and non-dominant communities from the excesses of the majority. While reflecting this rich heritage, the works contained in this volume show the extent to which policy constructs (especially in law) have begun to pay heed to the need to include minorities in different domestic settings across the globe. To provide readers with a structured approach to understanding global minority rights law the editor divides the issues into six main headings, namely: Historical Development; Conceptual Development; Contemporary Challenges; Fundamental Norms of Minority Protection; Specific Rights of Minorities; Human Rights and Minority Rights.

A Dialogical Concept of Minority Rights

Author: Hanna H. Wei

Publisher: BRILL

Published: 2016-04-26

Total Pages: 276

ISBN-13: 9004312048

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In A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.

Equal Recognition

Author: Alan Patten

Publisher: Princeton University Press

Published: 2016-11-08

Total Pages: 343

ISBN-13: 0691173559

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Conflicting claims about culture are a familiar refrain of political life in the contemporary world. On one side, majorities seek to fashion the state in their own image, while on the other, cultural minorities press for greater recognition and accommodation. Theories of liberal democracy are at odds about the merits of these competing claims. Multicultural liberals hold that particular minority rights are a requirement of justice conceived of in a broadly liberal fashion. Critics, in turn, have questioned the motivations, coherence, and normative validity of such defenses of multiculturalism. In Equal Recognition, Alan Patten reasserts the case in favor of liberal multiculturalism by developing a new ethical defense of minority rights. Patten seeks to restate the case for liberal multiculturalism in a form that is responsive to the major concerns of critics. He describes a new, nonessentialist account of culture, and he rehabilitates and reconceptualizes the idea of liberal neutrality and uses this idea to develop a distinctive normative argument for minority rights. The book elaborates and applies its core theoretical framework by exploring several important contexts in which minority rights have been considered, including debates about language rights, secession, and immigrant integration. Demonstrating that traditional, nonmulticultural versions of liberalism are unsatisfactory, Equal Recognition will engage readers interested in connections among liberal democracy, nationalism, and current multicultural issues.

Minority Rights

Author: Jennifer Jackson Preece

Publisher: Polity

Published: 2005-12-23

Total Pages: 224

ISBN-13: 0745623964

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The question of minority rights is one of the great dilemmas of contemporary politics. Increases in the flow of immigrants, migrants and refugees have raised public concerns that greater cultural and ethnic diversity creates instability within nation-states. But does stability really require homogeneity? Or can it be maintained in the presence of different minority groups? In this path-breaking book, Jackson Preece analyses whether traditional minority rights theory is sufficiently dynamic to inform effective responses to modern challenges. The central premise behind minority rights is that groups recognized and supported by the political community are far less likely to challenge its authority or threaten its territorial integrity. However, as Jackson Preece shows, the potential for collisions of values and interests still exists, and the possibility of a permanent solution to the problem of diversity remains illusive. Minority Rights will be an indispensable resource for students and scholars of political science, international relations, law, and sociology.

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

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.

Human and Minority Rights Protection by Multiple Diversity Governance

Author: Joseph Marko

Publisher: Routledge

Published: 2019-03-04

Total Pages: 622

ISBN-13: 1134830432

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Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.