Intercultural Constitutionalism

<p>This book argues that the effective protection of fundamental rights in a contemporary multicultural society requires not only tolerance and respect for others but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural this book elaborates a new and more fundamentally pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination this book argues it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not then based on abstract principles but nor is it bound to any particular cultural norm. Rather intercultural constitutionalism allows the interpretation of rights rules and legal principles which are established in different contexts.</p>