Ethnic Diversity, Plural Democracy and Human Dignity: Challenges to the European Union and Western Balkans

ISBN-13: 9783030979164 / Angielski / Twarda / 2022

Kresic, Mario

Opis

“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, dêmoicratic 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.

Spis treści

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 Krešić).- 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 Banović).- Part 2. Federalism and democracy.- Constitutional asymmetry as a surrogate in conflict accommodation or how (not) to stabilize a constitutional system (Maja Sahadžić).- A Dêmoicratic 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 Černič).- The citizenship and the state continuity: a case from Latvia (Jānis Pleps).- EU minority conditionality and the Rule of Law: a case from Croatia (Snježana Vasiljević).- Counter-Monuments. The Expulsion of the Acadians: a case from Canada (Bruce Anderson, Kim Morgan)

O autorze

Mario Krešić is assistant professor at the Faculty of Law of Zagreb University. His research interests lie in legal theory, theory of international law, constitutional theory, adjudication, international law and human rights. Selected publications: Features of International Law: A Critical Account of the Prototype Theory of International Law; About Non-Positivist Perspective on Legal Values in International Law; The Role of Peace in Kelsen and Lauterpacht’s Theories of International Law; Ross’s Concept of Legal Consciousness and Deliberate Normative Change; The Concept of the Quasi-judicial Process in International Law; National or International Adjudication as Essential Element of International Law?; Implementing Kantorowicz's and Hart's Definition of Law in the International Law; Legal Theoretical Models of International Law by Kelsen, Lauterpacht and Ross.

Alberto Carrio Sampedro is currently Lecturer in Legal Philosophy at the Law Department of the Universitat Pompeu Fabra (Barcelona). Dr. Carrio has published several academic papers in Legal Theory, Constitutional Law, Rule of Law, Rules of Sports, Equality and Fairness in Sports, Sport Governance and the impact of the new technologies and AI in sport.  Author of “Valor de Ley. Un análisis de la validez de la ley en la democracia constitucional” in which analyzes the concept of legal validity in current constitutional democracies. Dr. Carrio is currently Deputy Director of Fair Play. Journal of Philosophy, Ethics and Sports Law, Director of the Centre for Quality and teaching Innovation at the Department of Law as well as the coordinator of the Permanent Seminar of the Legal Clinic of Pompeu Fabra University.

Damir Banović is an assistant professor at the Law Faculty, University in Sarajevo. He is as member of the European Commission on Sexual Orientation Law (ECSOL) and associated member of the Serbian association for philosophy of law and social philosophy. Selected publications: Država, politika i društvo - Analiza postdejtonskog političkog sistema (2011) (co-editor); The Political System of Bosnia and Herzegovina. Institutions-Processes-Actors (2013) (coauthor); Savremeni problemi pravne i političke filozofije (2016) (co-editor with Bojan Spaić). He has published more than 20 scientific papers in domestic and international journals on contemporary socio-legal theory and legal positivism, theory of human rights, theory of collective rights, politics of identity and multiculturalism.

Jānis Pleps is assistant professor at the Faculty of Law of the University of Latvia and Head of the Legal Theory and History Department. His research interests lie in constitutional interpretation, constitutional law, legal theory and general theory of state.