Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a ‘concept’ and a ‘normative reality’. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.

This commentary offers some thoughts on the current constitutional proposals as they relate to the right of Aboriginal self-government in Canada. The first part of the document traces the development of a potential impasse. The second part considers how such an impasse might be avoided, using four different approaches. Includes the Commission's terms of reference.

Modern states - and novel multinational polities such as the European Union - have to contend with greater degrees, and more complex forms, of diversity. What elements keep complex, «post-national», political entities together? What are the ties that bind people together in a world where they cannot rely on the safety of established national identifications (if they ever could)? This collection of essays by leading political scientists, philosophers and legal academics from Canada and Europe provides a transatlantic dialogue on the ways in which complex states (such as Canada) and non-states (the EU) may broach the modes of difference and diversity that confront them. Authors engage in insightful «diagnoses» of contemporary forms and modes of diversity, as well as critical appraisals of a number of normative responses meant to answer these challenges. These responses range from «reasonable accommodation» and multinationalism to cosmopolitanism. They include the recognition of «post-national», «multinational» or «deterritorialised» democracy and constitutional patriotism, as well as plural or «denationalised» citizenship.

The state is no longer the sole player in public action: it is now obliged to interact with civil society, the private sector and populations. This transition from "government" (a state monopoly) to "public governance" (public action with a plurality of actors) implies a certain repositioning. It is in the new relationship between the state and societies that the exercise of political power is called upon to find coherence and to restructure the legitimacy of the state. This diagnosis was the starting point for the reflections contained in this work. From the standpoint of legitimacy, the authors of this book have studied a series of experiences and practices, both in various countries around the world and within different international organisations. They offer a series of descriptive contributions designed to facilitate comprehension and analysis of the processes seeking to legitimise political power, according to a variety of contexts and the diversity of conceptions of power.