Towards a New Paradigm of Minority Law-Making: A Rejoinder to Palermo and Woelk’s Law of Diversity

Towards a New Paradigm of Minority Law-Making: A Rejoinder to Palermo and Woelk’s Law of Diversity Part I Articles A. GENERAL ARTICLES SECTION Tove H. Malloy * I. Introduction The changing nature of minority-majority relations in Europe continues to challenge the development of minority rights law in the direction of new theoretical explorations. Minority rights in international law have a long pedigree evolving from freedom guarantees afforded to religious minorities in the late Middle Ages to a human rights protection paradigm in the late twentieth century.1 In particular, the last two decades have seen a plethora of soft law initiatives seeking to further the international protection of minorities in Europe. As societies become more and more diverse, minority rights law has had to adjust to new modes of accommodating both stationary and migratory non-dominant groups. Indeed, the academic minority rights discourse at the turn of the millennium has been particularly intense in its attempts to theorize innovation. Considering the diversity of theories as to the purpose and objectives of law-making, the legal approach to minority rights has a variety of options to choose from. While the view based on pragmatism sees the law-making process as a contingent act of creative problem-solving,2 the deconstructivist view holds that law-making is an ongoing intercultural multilogue about constitutional http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Yearbook of Minority Issues Online Brill

Towards a New Paradigm of Minority Law-Making: A Rejoinder to Palermo and Woelk’s Law of Diversity

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Publisher
Brill
Copyright
Copyright 2006 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1570-7865
eISSN
2211-6117
DOI
10.1163/22116117-90000002
Publisher site
See Article on Publisher Site

Abstract

Part I Articles A. GENERAL ARTICLES SECTION Tove H. Malloy * I. Introduction The changing nature of minority-majority relations in Europe continues to challenge the development of minority rights law in the direction of new theoretical explorations. Minority rights in international law have a long pedigree evolving from freedom guarantees afforded to religious minorities in the late Middle Ages to a human rights protection paradigm in the late twentieth century.1 In particular, the last two decades have seen a plethora of soft law initiatives seeking to further the international protection of minorities in Europe. As societies become more and more diverse, minority rights law has had to adjust to new modes of accommodating both stationary and migratory non-dominant groups. Indeed, the academic minority rights discourse at the turn of the millennium has been particularly intense in its attempts to theorize innovation. Considering the diversity of theories as to the purpose and objectives of law-making, the legal approach to minority rights has a variety of options to choose from. While the view based on pragmatism sees the law-making process as a contingent act of creative problem-solving,2 the deconstructivist view holds that law-making is an ongoing intercultural multilogue about constitutional

Journal

European Yearbook of Minority Issues OnlineBrill

Published: Jan 1, 2004

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