Courts and consociations: human rights versus power-sharing

Courts and Consociations examines power-sharing agreements, their legitimacy, and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.

Consociations and consociationalism -- Bosnia as a consociation -- Human rights law and courts in consociations -- The Belgian consociational cases in the European Court of Human Rights -- Departing from precendent -- The Bosnian Constitutional Court and consociation -- Analysing the Grand Chamber judgment -- Sejdić and Finci and consociational futures -- Conclusion and policy implications.

Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociati