ABSTRACT
Chapter 5 proposes the introduction of the notion of the “Law of Diversity” as the theoretical tool to capture recent evolutions and connect them with the traditional corpus of minority and indigenous peoples’ rights law. The theoretical proposal is preceded by an analysis of the varying (and increasingly significant) position of diversity as the source of differential treatment in the constitutional tradition. This highlights that diversity is a derogation from the constitutional order within liberal constitutionalism, an exception in liberal-democratic constitutionalism, and a rule within what is labeled plural constitutionalism. An assessment of the structure of the various instruments for the accommodation of diversity described – made through the concept of paradigm – is the final theoretical premise that leads to the introduction of the “Law of Diversity” as a new theoretical framework in this area of law. This is fundamental to unveiling the key elements that inform the legal tools that correspond to different constitutional epochs and stages of refinement. The end of the chapter is then devoted to proposing a classification of the instruments for the accommodation of diversity based on the new conceptual framework.
