Judicial Empowerment in Divided Societies: The Northern Ireland Bill of Rights Process in Comparative Perspective : The Northern Ireland Bill of Rights Process in Comparative Perspective

2014 ◽  
Keyword(s):  
Northern Ireland ◽  
Comparative Perspective ◽  
Bill Of Rights ◽  
Divided Societies

scholarly journals The Use and Abuse of Veto Rights in Power-Sharing Systems: Northern Ireland’s Petition of Concern in Comparative Perspective

2017 ◽  
Vol 53 (4) ◽  
pp. 735-756 ◽  
Author(s):  
Allison McCulloch
Keyword(s):  
Northern Ireland ◽  
Power Sharing ◽  
Comparative Perspective ◽  
Structured Interviews ◽  
National Interests ◽  
Divided Societies ◽  
Political Incentives ◽  
Institutional Instability ◽  
Primary Means

This article assesses the articulation of vital ethno-national interests and the use and abuse of veto rights in deeply divided societies. In consociational theory, veto rights represent the primary means by which ethnic groups defend their ‘vital interests’, though they are often criticized for rewarding extremism and producing institutional instability. Situating a case study of Northern Ireland in a comparative perspective, I consider two lines of veto practice: liberal vs corporate (i.e. who has veto rights?) and permissive vs restrictive (i.e. to what issue areas do vetoes apply?), to assess what political incentives, if any, they offer for moderation and stability. Drawing from a review of the legislative debates when a veto was enacted and on semi-structured interviews with members of the Northern Ireland Assembly, I argue that a permissive approach, in which groups can determine their own vital interests, can contribute to moderation, peace and stability in divided societies.

Alternative Pluralisms: Israeli and American Constitutionalism in Comparative Perspective

1989 ◽  
Vol 51 (2) ◽  
pp. 159-189 ◽  
Author(s):  
Gary J. Jacobsohn
Keyword(s):  
United States ◽  
Free Speech ◽  
The United States ◽  
Comparative Perspective ◽  
Institutional Evolution ◽  
Bill Of Rights ◽  
Alternative Models ◽  
Legal Development ◽  
New Politics ◽  
American Model

Constitutional transplantation, the process by which the constitutional practice of one society becomes an important source for the legal development of another, has figured importantly in the institutional evolution of new politics. In this article, I examine the constitutional experience of Israel and the United States, two societies that share a language of jurisprudential discourse while differing significantly in a number of polically relevant ways. In particular, the fact that both societies can be described as pluralistic only conceals the fact that they represent alternative models of pluralism that may render problematic the the transferablity of constitutional outcomes from one place to another. Thus, the literature of modern constitutionalism, which has tended to emphasize the rights-based liberal ethic of individualism, is arguably more compatible with an American model in which the principles of the “procedural republic” are more unproblematically embraced. To pursue this question, I look at two issues—the advisability of adopting a bill of rights and the appropriate stance of the regime on the question of free speech—that allow us to reflect upon the limits and possibilities of constitutional transplantation.

scholarly journals At the boundaries: school networks in divided societies

2020 ◽  
Vol 5 (2) ◽  
pp. 183-197
Author(s):  
Gareth Robinson ◽  
Tony Gallagher ◽  
Gavin Duffy ◽  
Helen McAneney
Keyword(s):  
Social Network ◽  
Northern Ireland ◽  
Primary Schools ◽  
Cultural Practices ◽  
Structural Characteristics ◽  
Boundary Crossing ◽  
Content Type ◽  
Divided Societies ◽  
School Networks ◽  
Transformative Potential

PurposeThis paper aims to demonstrate the transformative potential of school networks in divided societies, where separate schools often mirror wider ethnic divisions. It describes Shared Education in Northern Ireland, where networks are being utilised to change how Catholic and Protestant schools engage with one another. The concept of boundary crossing is used to frame how staff members build relationships and bridge distinct knowledge communities shaped by socio-cultural practices and identities.Design/Methodology/ApproachA mixed-methods design was employed. Evidence is presented based on a social network analysis of teacher interactions within a Shared Education partnership of five primary schools in Northern Ireland.FindingsThe findings suggest that school networking can overcome systemic separation in divided societies and provide the infrastructure necessary to establish an alternative model for collegial engagement. The structural characteristics of the observed school network are discussed, including comments on its sustainability, the role of boundary-crossing relationships, the professional value for those involved and its transformative potential for society.Originality/valueThis paper provides a unique perspective on the application and utility of school networks for supporting the development of professional communities in challenging circumstances. It also presents valuable social network data on the structure and management of school networks.

scholarly journals A context-based model for framing political victimhood: Experiences from Northern Ireland and the Basque Country

2018 ◽  
Vol 25 (1) ◽  
pp. 19-36 ◽  
Author(s):  
Amaia Álvarez Berastegi ◽  
Kevin Hearty
Keyword(s):  
Northern Ireland ◽  
Case Studies ◽  
Political Violence ◽  
Basque Country ◽  
Divided Societies ◽  
The Third ◽  
The Past ◽  
Definition Of ◽  
Primary Contribution ◽  
Controversial Concept

All societies moving towards peace must establish reparation measures for victims of political violence. This is not an easy task, however; political victimhood is a controversial concept by itself and all victims of this type are mixed up with general politics from both the past and the present. In divided societies, such as Northern Ireland and the Basque Country, controversies about the definition of political victimhood reproduce old divisions from the past. Drawing on these two case studies, this research project gathers together some initial thoughts on the conceptualisation of political victimhood with regard to three different models: the harm-, blame- and context-based models. The primary contribution of the article lies in the formulation of the third model, the context-based framework.

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