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Sejdić and Finci and consociational futures

Christopher McCrudden and Brendan O’Leary

in Courts and Consociations: Human Rights versus Power-Sharing

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199676842
eISBN:
9780191757112
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676842.003.0008
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

This chapter examines the implications of the European Court of Human Rights' decision in Sejdić and Finci. It suggests that the reasoning presented by the Court to justify its decision is ... More


The Belgian consociational cases in the European Court of Human Rights

Christopher McCrudden and Brendan O’Leary

in Courts and Consociations: Human Rights versus Power-Sharing

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199676842
eISBN:
9780191757112
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676842.003.0004
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

The practice of domestic courts has been broadly consistent with the hypotheses of Issacharoff and Pildes of what courts are likely to do in weighing consociations against human rights — namely, to ... More


Departing from precedent

Christopher McCrudden and Brendan O’Leary

in Courts and Consociations: Human Rights versus Power-Sharing

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199676842
eISBN:
9780191757112
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676842.003.0005
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

This chapter discusses four significant developments that occurred between the Belgian cases and the Bosnian case examined in Chapter 4, which explain the decision of the European Court of Human ... More


Bosnia as a consociation

Christopher McCrudden and Brendan O’Leary

in Courts and Consociations: Human Rights versus Power-Sharing

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199676842
eISBN:
9780191757112
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676842.003.0002
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

This chapter examines the Bosnian consociational arrangement. It begins with a background on the war in Bosnia and the negotiations and signing of the 1995 Dayton Peace Agreement, which formally ... More


Conclusions and policy implications

Christopher McCrudden and Brendan O’Leary

in Courts and Consociations: Human Rights versus Power-Sharing

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199676842
eISBN:
9780191757112
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676842.003.0009
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

This chapter presents a synthesis of the preceding discussions. It considers the implications of the European Court of Human Rights' decision in Sejdić and Finci. The Court's decision is ambiguous ... More


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