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Courts and ConsociationsHuman Rights versus Power-Sharing$
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Christopher McCrudden and Brendan O'Leary

Print publication date: 2013

Print ISBN-13: 9780199676842

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199676842.001.0001

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The Belgian consociational cases in the European Court of Human Rights

The Belgian consociational cases in the European Court of Human Rights

(p.46) (p.47) 4 The Belgian consociational cases in the European Court of Human Rights
Courts and Consociations

Christopher McCrudden

Brendan O’Leary

Oxford University Press

The practice of domestic courts has been broadly consistent with the hypotheses of Issacharoff and Pildes of what courts are likely to do in weighing consociations against human rights — namely, to maintain or extend consociational arrangements. This chapter argues that their hypotheses are also useful guides to how international and regional courts have reacted to similar challenges in the past. It analyzes three major cases that have brought consociational designs before the European Court of Human Rights: the two from Belgium (Belgian Linguistics and Mathieu-Mohin and Clerfayt v. Belgium), and the Sejdić and Finci case from Bosnia. These constitute the complete set of cases in which the Court has dealt directly with human rights challenges to consociational arrangements.

Keywords:   consociational arrangements, Belgium, Bosnia, Belgian linguistics, Mathieu-Mohin and Clerfayt v. Belgium, Sejdić and Finci

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