Ethnic diversity, plural democracy and human dignity : challenges to the European Union and Western Balkans
Author(s)
Bibliographic Information
Ethnic diversity, plural democracy and human dignity : challenges to the European Union and Western Balkans
(Ius gentium : comparative perspectives on law and justice, 99)
Springer, c2022
- [: hbk.]
Available at 1 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and index
Description and Table of Contents
Description
"Given their ethnic diversity, to what extent, and at what cost and benefit to human dignity, can European countries adopt and adapt plural democracy?" The contributors to this volume offer answers to this question from a variety of multidisciplinary perspectives within the framework of the integral theory of law and the state. Their shared aim is to explain legal phenomena in the context of other relevant issues and to identify, analyse and critique conceptualizations, problems and situations. This volume is rooted in the historical and contemporary European experience with special cases from Bosnia and Hercegovina, Croatia, Latvia, Slovenia, Spain and Canada which are relevant for understanding the European problem. Solutions to the problem are sought through innovative interpretations of the rule of law, democracy and human dignity, which are followed by argumentation about how these concepts, when recognized as European legal principles, can be implemented in order to avoid ethnic conflicts.
Following an introduction that defines the problem at the centre of the book and explains how legal theory can be used to address it, the book consists of eleven contributions divided into three thematic sections. The first covers topics concerning the European principles which can help avoid ethnic conflicts: the principle of compulsory adjudication in interstate relations, the principle of democracy, and principles regarding the recognition of individual and collective identities. These European principles are then investigated by drawing on legal and political theories. The second section presents three ways of conceptualizing ethnical needs in multi-ethnic states: asymmetric federalism, demoicratic account and cooperative federalism. The third and final section elaborates on issues concerning the protection of minority rights: the role of judicial ideology in protecting minority rights, citizenship, the EU mechanism for the protection of minority rights, and the importance of remembering tragic events affecting minorities.
Table of Contents
Part 1. European principles and ethnic conflicts.- Compulsory adjudication: an emerging principle of European Law and the Western Balkan' s accession to the European Union (Mario Kresic).- Democratic principle and nationalistic aspirations in plurinational states. A republicanism approach (Alberto Carrio Sampedro).- Individualism vs. Collectivism: What are the best models to accommodate different collective and individual identities? (Damir Banovic).- Part 2. Federalism and democracy.- Constitutional asymmetry as a surrogate in conflict accommodation or how (not) to stabilize a constitutional system (Maja Sahadzic).- A Demoicratic Account: Catalan Case (Ander Errasti Lopez).- Part 3. Minority Rights.- Measuring social dimension of judicial ideology at the constitutional courts: a case from Slovenia (Jernej Letnar Cernic).- The citizenship and the state continuity: a case from Latvia (Janis Pleps).- EU minority conditionality and the Rule of Law: a case from Croatia (Snjezana Vasiljevic).- Counter-Monuments. The Expulsion of the Acadians: a case from Canada (Bruce Anderson, Kim Morgan)
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