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  3. Constitutional Intolerance
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  • Publisher:
    Cambridge University Press
    Publication date:
    09 January 2025
    23 January 2025
    ISBN:
    9781009473927
    9781009473958
    DOI:
    https://doi.org/10.1017/9781009473927
    Dimensions:
    (229 x 152 mm)
    Weight & Pages:
    0.43kg, 192 Pages
    Dimensions:
    Weight & Pages:
    • Subjects:
    Constitutional and Administrative Law, European Law, Law, Comparative Law, Comparative Politics
    Series:
    Comparative Constitutional Law and Policy
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    Subjects:
    Constitutional and Administrative Law, European Law, Law, Comparative Law, Comparative Politics
    Series:
    Comparative Constitutional Law and Policy
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    Book description

    Constitutional Intolerance offers a deeper reflection on intolerance in politics and society today, explaining why minorities face the contestation of their public visibility, and how the law could protect them. Van der Tol refers to historical practices of toleration, distilling from it the category of 'the other' to the political community, whose presence, representation, and visibility is not self-evident and is often subject to regulation. The book considers 'the other' in the context of modern constitutions, with reference to (ethno)religious, ethnic, and sexual groups. Theoretical chapters engage questions about the time and temporality of otherness, and their ambivalent relationship with (public) space. It offers examples from across the liberal-illiberal divide: France, the Netherlands, Hungary, and Poland. It highlights that vulnerability towards intolerance is inscribed in the structures of the law, and is not merely inherent to either liberalism or illiberalism, as is often inferred.

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