Joseph Marko - Minority Protection by Multiple Diversity Governance: Law, Ideology, and Politics in European Perspective

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Human and Minority Rights Protection by Multiple Diversity Governance

Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook:

provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship;

deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity;

examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice;

analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism.

This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism.

Joseph Marko is Professor of Comparative Public Law and Political Science at the Institute for Public Law and Political Science of the Karl Franzens University of Graz, Austria, and a former international judge at the Constitutional Court of Bosnia and Herzegovina. Since 1998, he is also the Director of the Institute for Minority Rights at Eurac Research, Bolzano/Bozen, Italy.

Sergiu Constantin is Researcher at the Institute for Minority Rights of Eurac Research, Bolzano/Bozen, Italy. He holds a law degree from the University of Bucharest, Romania, and a Masters in European Studies from the University of Graz, Austria.

Liberal values in Europe, as elsewhere, are coming under serious threat, driven by identity politics designed to exploit societal schisms. The historical link between liberalism and diversity in Europe, and the extent to which one can negotiate and accommodate, if not facilitate the other, holds the key to sustainable, coherent and peaceful societies. In this book a collection of scholars based around the Institute for Minority Rights at Eurac Research tackle this vital question through a multifaceted approach that provides insights into the nuances of how law, ideology and politics impact, and are impacted by this challenge. The book will provide rich material to those seeking to understand these paradigms and the existential questions they pose to the liberal state in Europe.

Joshua Castellino, Executive Director, Minority Rights Group International and Professor of Law, UK

Joseph Marko and his colleagues are to be congratulated for having produced a book that deals with one of the most pressing topics of our time in a comprehensive and masterly manner. This volume informs and elucidates in equal measure. It will be of help to anyone with an interest in identifying and understanding the reasons for the ethnonationalist turn in European politics.

Karl Cordell, Plymouth University, UK

This volume provides an extremely comprehensive insight into the theory and practice of how modern states have dealt with diversity. It offers an interdisciplinary and sophisticated case for taking diversity and its recognition seriously. Thus, while providing a wide overview over the existing literature in multiple disciplines, it also makes a serious contribution to ongoing debates on how to tackle diversity, resulting in a timely study on minorities, nationalism and diversity.

Florian Bieber, University of Graz, Austria

Issues regarding group accommodation and minority protection have been recurrent problems in Europe and beyond, often caused by unsubstantiated conventional wisdom and untenable identity markers. Drawing on long practice in the field, this book breaks out of the conceptual identity traps and provides a refreshingly new and thoroughly argued way to institutionalize multiple diversity governance.

Asbjrn Eide, University of Oslo, Norway; former Chairman of the United Nations Working Group on the Rights of Minorities (19952004) and former President of the Council of Europes Advisory Committee on the Framework Convention for the Protection of National Minorities (20032006)

Human and Minority Rights Protection by Multiple Diversity Governance

History, Law, Ideology and Politics in European Perspective

Edited by

Joseph Marko

Assistant Editor

Sergiu Constantin

First published 2019

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge

52 Vanderbilt Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2019 selection and editorial matter, Joseph Marko and Sergiu Constantin on behalf of Eurac Research; individual chapters, the contributors

The right of Joseph Marko and Sergiu Constantin on behalf of Eurac Research to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging in Publication Data

A catalog record has been requested for this book

ISBN: 978-1-138-95444-1 (hbk)

ISBN: 978-1-138-68309-9 (pbk)

ISBN: 978-1-315-54472-4 (ebk)

Typeset in Avenir and Dante

by Newgen Publishing UK

Contents

Joseph Marko

Joseph Marko

Joseph Marko, Edith Marko-Stckl, Benedikt Harzl and Hedwig Unger

Joseph Marko

Joseph Marko

Joseph Marko, Hedwig Unger, Roberta Medda-Windischer, Alexandra Tomaselli and Filippo Ferraro

Joseph Marko, Sergiu Constantin, Gnther Rautz, Andrea Carl and Verena Wisthaler

Joseph Marko

Joseph Marko and Sergiu Constantin

Joseph Marko

ACFC	Advisory Committee on the Framework Convention for the Protection of National Minorities
ASC	Autonomy Statute of Catalonia
BHV	Brussels-Halle-Vilvoorde
CECL	Committee of Experts of the European Charter for Regional or Minority Languages

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