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Constitutional Design for Divided Societies
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Table of Contents

Sujit Choudhry: Introduction: Integration, Accommodation and the Agenda of Comparative Constitutional Law
Part I: Setting the Stage
1: John McGarry, Brendan O'Leary and Richard Simeon: Integration or accommodation? The enduring debate in conflict regulation
2: Will Kymlicka: The internationalization of minority rights
3: Sujit Choudhry: Does the world need more Canada? The politics of the Canadian model in constitutional politics and political theory
4: Alan Patten: Beyond the dichotomy of universalism and difference: four responses to cultural diversity
5: Richard H. Pildes: Groups and constitutionalism in divided societies: a dynamic approach to the design of democratic institutions
Part II: Case Studies
6: Jacques Bertrand: Indonesia's quasi-federalist approach: accommodation amidst strong integrationist tendencies
7: John Boye Ejobowah: Integrationist and accommodationist measures in Nigeria's constitutional engineering: successes and failures
8: Anver Emon: The limits of constitutionalism in the Muslim world: identity and narration in Islamic law
9: Yash Ghai and Jill Cottrell: A tale of three constitutions: ethnicity and politics in Fiji
10: Michael Keating: Rival nationalisms in a plurinational state: Spain, Catalonia and the Basque Country
11: John McGarry and Brendan O'Leary: Northern Ireland
12: John McGarry and Brendan O'Leary: Iraq's Constitution of 2005: liberal consociation as political prescription
13: Richard Simeon and Christina Murray: Recognition without empowerment: minorities in a democratic South Africa
14: Stephen Tierney: Giving with one hand: Scottish devolution within a unitary state

About the Author

Sujit Choudhry holds the Scholl Chair at the Faculty of Law, University of Toronto, where is Associate Dean. He has written widely on comparative constitutional law and constitutional theory. His previous books include The Migration of Constitutional Ideas (Cambridge University Press) and Dilemmas of Solidarity (University of Toronto Press).

Reviews

Drawing on the disciplines of law and political science, these essays bring theoretical sophistication to the study of constitutional design in general and to case studies of the design possibilities for constitutions in divided societies. This is one of the most important recent works on constitutional design, and should interest both lawyers and political scientists. The resolution of conflict in divided societies is one of the most intensely, and extensively, joined 'grand debates' of political science in recent years. Yet while constitutional analysis and constituional design figure prominently in that debate, the discipline of constitutional law itself has been largely absent. This landmark volume changes all that, and does so in a way that significantly enhances the quality of discussion. By placing a group of first-class constitutional lawyers and political scientists in dialogue with one another over the competing paradigms of integration and accommodation across a diverse range of societies and jurisdictions, it delivers a mine of new empirical insights and theoretical refinements. All in all, the book succeeds in making a compelling argument for the multi-disciplinary study of divided societies, and in instantly establishing itself as a 'must-read' for all members of that emergent 'multi-discipline'.

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