1st Edition
A Global Law of Diversity Evolving Models and Concepts
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 to 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.
Introduction: From minorities to diversity: A global inquiry; 1. The growing significance of diversity for constitutionalism; 2. Models for the accommodation of diversity from liberal and democratic constitutionalism; 3. Innovative macro-perspectives of diversity accommodation; 4. Innovative instruments for the accommodation of diversity; 5. Building the "Law of Diversity"; 6. Can federalism help frame the emergent models for the accommodation of diversity?; 8. Conclusion
Biography
Nicolò Paolo Alessi is post-doctoral researcher in Comparative Public Law at the World Trade Institute and the Institute of Political Science of the University of Bern. His main research interests are Italian and Comparative Constitutional Law, Diversity accommodation, Minority Rights, Climate governance, Regionalism, and Federalism. He is also an expert on the Aosta Valley’s legal system.
'“A Global Law of Diversity” marks a milestone in the studies on territorial and cultural pluralism. It provides a methodological framework to analyse and further develop the instruments to cope with growing complexity in contemporary societies.'
Prof. Francesco Palermo, University of Verona and Eurac Research Bolzano/Bozen
'In "A Global Law of Diversity", Alessi breaks new grounds for the study of diversity accommodation in a perspective of constitutionalism. Drawing on global sources of law-making and by boldly infusing non-codified models, he presents a new conceptual framework. Anyone ready to question the status quo of legal theory will find this ground-breaking volume rewarding.'
Prof. Tove H. Malloy, Europa-Universität Flensburg
'This excellent work of comparative legal research integrates the equality paradigm with a comprehensive “Law of diversity” to overcome the State-bias in majority-minority relations. “A Global Law of Diversity” is a valuable contribution to the exploration of the constitutional foundations of truly inclusive societies. Necessary, because in countertendency to the current political trends in many countries.'
Prof. Jens Woelk, University of Trento
