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Courts and ConsociationsHuman Rights versus Power-Sharing$
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Christopher McCrudden and Brendan O'Leary

Print publication date: 2013

Print ISBN-13: 9780199676842

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199676842.001.0001

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Human rights law and courts in consociations

Human rights law and courts in consociations

Chapter:
(p.34) (p.35) 3 Human rights law and courts in consociations
Source:
Courts and Consociations
Author(s):

Christopher McCrudden

Brendan O’Leary

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199676842.003.0003

Consociational principles have been regarded as potential violators of human rights norms. Two particular rights are the most often challenged: the right not to be treated based on particular prohibited characteristics, such as race and ethnicity; and the dilution of a person's right to participate in the political process on equal terms with others. This chapter discusses human rights law opposition to consociation; human rights in consociational arrangements; courts as part of the consociational agreement; and courts as potential ‘unwinders’ of consociational arrangements.

Keywords:   consociational principles, human rights, courts, consociational agreement

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