Will One Size Fit to Everyone? Accommodating Divided Societies in a Constitution: Theories and Experiences

Publication Information

Journal Title: International Journal Of Legal Developments And Allied Issues
Author(s): Pavithra Rajendran
Published On: 28/02/2022
Volume: 8
Issue: 1
First Page: 322
Last Page: 335
ISSN: 2454-1273
Publisher: The Law Brigade Publisher

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Pavithra Rajendran, Will One Size Fit to Everyone? Accommodating Divided Societies in a Constitution: Theories and Experiences, Volume 8 Issue 1, International Journal Of Legal Developments And Allied Issues, 322-335, Published on 28/02/2022, Available at https://ijldai.thelawbrigade.com/article/will-one-size-fit-to-everyone-accommodating-divided-societies-in-a-constitution-theories-and-experiences/

Abstract

Traditionally, Unitary and Federal systems have held position as systems of ruling to strike a balance between the organs of government and citizens of a country. While the concept of ‘self-rule’ gives priority to territorial or personal sub entities of a pluralist nation, ‘shared-rule’ institutionalizes control over the relationship between sub entities and encompassing entity by giving priority to encompassing entity.[i] Decentralization of power is often followed by countries which adopt the unitary system in order to maintain balance between self and shared rule. On the other hand, both Pure federalism and Con federalism is used by federal followers to obtain the same result. However, executing one nation’s sovereign power without sacrificing any need of the people is always considered a challenging task for the government, as accommodating various identities under one sovereign power is no easy task.

[i] Lidija R.Basta Fleiner, Thomas Fleiner “Federalism and Multiethnic States- The case of Switzerland” 2nd Revised Edition, Helbeiry and Lichtenhahn (2000) Pg 43 and 44

Keywords: Accommodate, Unitary, Federal, Decentralization of Power, Pluralist nation

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