This book provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe.
Joseph Marko is Professor of Comparative Public Law and Political Science at the Institute for Public Law and Political Science of the Karl Franzens University of Graz, Austria, and a former international judge at the Constitutional Court of Bosnia and Herzegovina. Since 1998, he is also the Director of the Institute for Minority Rights at Eurac Research, Bolzano/Bozen, Italy.
Sergiu Constantin is Researcher at the Institute for Minority Rights of Eurac Research, Bolzano/Bozen, Italy. He holds a law degree from the University of Bucharest, Romania, and a Master's in European Studies from the University of Graz, Austria.
1. Introduction [Joseph Marko] 2. The Interdisciplinary Approach: Law, Sociology and Political Sciences [Joseph Marko] 3. The Historic-Sociological Foundations: State Formation and Nation Building in Europe and the Construction of the Identitarian Nation-Cum-State Paradigm [Joseph Marko, Edith Marko-Stöckl, Benedikt Harzl and Hedwig Unger] 4. Law and Ideology: The Ideological Conundrums of the Liberal-Democratic State [Joseph Marko] 5. Law and Sociology: The Constructivist and Interpretative Turn [Joseph Marko] 6. Against Annihilation: The Right to Existence [Joseph Marko, Hedwig Unger, Roberta Medda-Windischer, Alexandra Tomaselli and Filippo Ferraro] 7. Against Assimilation: The Right to Multiple Identities [Joseph Marko, Sergiu Constantin, Günther Rautz, Andrea Carlà and Verena Wisthaler] 8. Against Discrimination: The Right to Equality and the Dilemma of Difference [Joseph Marko] 9. Against Marginalisation: The Right to Effective Participation [Joseph Marko and Sergiu Constantin] 10. From Minority Protection to Multiple Diversity Governance [Joseph Marko]