Constitutional Instruments for the Accommodation of Diversity
The study of minority rights is a dynamic area of research that is today facing new important challenges as a consequence of the recent evolutions of societies.
The core topic of my project is indeed the role of law in societies that are becoming more and more multicultural and complex. In particular, I will focus on the tools thanks to which constitutional systems manage cultural diversity.
Today’s reality demonstrates that diversity protection is not a matter of “classic minorities” only: it rather involves the entire society. And, accordingly, the constitutional arrangements originally born in order to protect minorities gain relevance as instruments for the accommodation of diversity.
The research will try to argue that the “classic minority” protection approach of constitutional States – albeit fundamental – often fails to protect cultural pluralism and diversity. Furthermore, the attempt to extend the "tools" of the classic minority protection to the "new minorities" can't ensure an acknowledgment of the complexity emerging today, reproducing the “classic minority” rationale.
This is the reason why the project aims to introduce an evolution of the theories of federalism, in order to identify how States can deal with diversity and complexity, embedding them in their constitutional structure and overcoming the majority-minority perspective. Accordingly, I will study the models that foster group autonomy breaking the link ethnicity-territoriality. Non-territorial autonomy seems indeed an interesting and still not completely thorough perspective for the accommodation of diversity.
Finally, the research project aims, on the one hand, to achieve an overview of the constitutional instruments for the accommodation of diversity; on the other hand, to deepen the structure and functionality of “federal fluid tools” for diversity management.