A Global Law of Diversity
Evolving Models and Concepts
Author(s)
Alessi, Nicolò Paolo
Collection
Swiss National Science Foundation (SNF)Language
EnglishAbstract
This book provides a global perspective on the accommodation of diversity within constitutional traditions, considering the most innovative approaches and legal instruments of the Global North and Global South. This field of study, traditionally dominated by a Global North approach based on majority-minority and rights-based discourse, is undergoing significant development. The work thus assesses the appropriateness of the existing mainstream theoretical tools and concepts – in particular minority and minority-related concepts as well as rights discourse – to grasp the ongoing evolution of this field of law. A reconsideration of the traditional conceptual categories and the introduction of the concept “Law of Diversity” is proposed as a theoretical framework to grasp the ongoing developments in this area. Among the models studied, those that are referred to as emergent models for the accommodation of diversity in the Global North appear to be particularly in need of theoretical recognition. To this end, the theory of federalism is used to serve a rather unexplored theoretical function. Federal theory is put forward as a theoretical instrument to frame and explain the emergent instruments for the accommodation of diversity, as well as provide practical solutions for their development. The book will be of interest to researchers, academics, and policy-makers working in the areas of comparative constitutional law, minority and indigenous rights law, and federal studies.
Keywords
Diversity accommodation;Minority;indigenous rights;Law of Diversity;Federalism;Comparative public law;Innovative theoretical frameworkDOI
10.4324/9781003493518ISBN
9781003493518, 9781040258057, 9781032795850, 9781040257982Publisher
Taylor & FrancisPublisher website
https://taylorandfrancis.com/Publication date and place
2025Imprint
RoutledgeSeries
Routledge Advances in Minority Studies,Classification
Anthropology
Public international law: human rights
Constitutional and administrative law: general
Methods, theory and philosophy of law
Social law and Medical law
Politics and government