Intercultural Constitutionalism: From Human Rights Colonialism to a New Constitutional Theory of Fundamental...

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Salvatore Bonfiglio

Intercultural Constitutionalism

From Human Rights Colonialism to a New Constitutional Theory of Fundamental Rights

Salvatore Bonfiglio

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Hardback

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English

Routledge
09 October 2018

Jurisprudence & philosophy of law; Human rights & civil liberties law

This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts.

By: Salvatore Bonfiglio
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 216mm, Width: 138mm,
Weight: 294g
ISBN: 9781138393905
ISBN 10: 1138393908
Pages: 126
Publication Date: 09 October 2018
Audience: College/higher education , General/trade , Primary , ELT Advanced
Format: Hardback
Publisher's Status: Active

Salvatore Bonfiglio is Professor of Comparative Public Law at the Department of Political Studies of Roma Tre University and Director of the Multimedia Laboratory of Comparative Law. He is also Director of the online scientific period Democracy and Security Review.