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The Constitutional Law and Politics of Ethnic Accommodation

Author: Bashir Mobasher

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9780367715441

"This book explores whether the legal and political institutions of Afghanistan have been able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in literature on institutional design and democratic consolidation. However, some divided societies are more explored than others and Afghanistan is one that is critically important for our theories of institutional design in a democratizing, plural society. The work examines the constitution and those provisions of electoral laws and political party laws that together have devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions have failed to fully accommodate ethnic groups in the political process. It adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces. Taken together, this approach yields insights about the boundaries and interactions of institutional design. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics"--

Constitutional Law and the Politics of Ethnic Accommodation

Author: Bashir Mobasher

Publisher: Taylor & Francis

Published: 2023-12-29

Total Pages: 150

ISBN-13: 1003806147

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This book explores whether the legal and political institutions of Afghanistan were able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in the literature on institutional design and democratic consolidation. However, some divided societies are more explored than others, and Afghanistan is one understudied country that is critically important for testing and improving our theories of institutional design in a democratizing, plural society. This work examines the Constitution of 2004 and those provisions of electoral laws and political party laws that together devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions failed to fully accommodate ethnic groups in the political process. This book adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces of political institutions designed by the Constitution of 2004. Taken together, this approach yields insights into the boundaries and interactions of institutional design and how their interactions hinder or advance ethnic accommodation in varying contexts. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics.

Constitutional Design for Divided Societies

Author: Sujit Choudhry

Publisher: Oxford University Press on Demand

Published: 2008

Total Pages: 491

ISBN-13: 0199535418

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How should constitutions respond to the challenges raised by ethnic, linguistic, religious, and cultural differences? In this volume, leading scholars of constitutional law, comparative politics and political theory address this debate at a conceptual level, as well as through numerous country case-studies.

Constitutionalism and the Politics of Accommodation in Multinational Democracies

Author: Jaime Lluch

Publisher: Springer

Published: 2014-09-25

Total Pages: 208

ISBN-13: 113728899X

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This collection argues that although constitutionalism has traditionally been the primary mechanism for facilitating the mutual accommodation of sub-state and state national societies in plurinational states.

Constitutions and Conflict Management in Africa

Author: Alan J. Kuperman

Publisher: University of Pennsylvania Press

Published: 2015-07-16

Total Pages: 304

ISBN-13: 0812246586

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Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.

Routledge Handbook of Comparative Constitutional Change

Author: Xenophon Contiades

Publisher: Routledge

Published: 2020-06-11

Total Pages: 469

ISBN-13: 1351020978

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Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Constitutionalism in Context

Author: David S. Law

Publisher:

Published: 2022-02-09

Total Pages: 612

ISBN-13: 1108674267

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With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Constituent Power and the Law

Author: Joel I. Colon-Rios

Publisher:

Published: 2020

Total Pages: 353

ISBN-13: 0198785984

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This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.

Constitutional Law and National Pluralism

Author: Stephen Tierney

Publisher: Oxford University Press on Demand

Published: 2006

Total Pages: 371

ISBN-13: 9780199298617

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Since the 1970s, sub-state national minorities in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political terms. This book examines the role played by law in the negotiation of competing rights claims.

The Rights of Minorities and Their Political Participation. The Case of Komo in Gambella-Ethiopia

Author: Nardos Hawaz

Publisher:

Published: 2017-11-08

Total Pages: 20

ISBN-13: 9783668552876

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Research Paper (undergraduate) from the year 2015 in the subject Politics - Didactics, Political Education, Addis Ababa University (Center for Federal Studies), course: Human Rights, language: English, abstract: It is a great opportunity for citizens of all countries to have the rights they deserve, and being equal before the law. Sub nationalities and divisions in numbers do not require or increase their privileges. In many ways, citizenship and public rights varies from country to country as a result of their numbers (majority) or being indigenous. In this regard, the minority in the country is not given much attention to democratic rights. They do not establish their own state, they may not use their language and are dependent on their political involvement. To address this problem, it is a federal and regional state recognized by the constitution of FDRE and the regions that have been the most responsible for the establishment of their own state. In other words, the region has assumed its constitutional right to enact these laws. In this article, however, the Gambela People's National state had formed with five ethnic groups and the political participation of minorities are acknowledged. Based on this knowledge, the Komo people political and social involvement and the regional government accommodation will be inscribed.