University of Pennsylvania ScholarlyCommons Publicly Accessible Penn Dissertations 2019 States And Group Rights: Legal Pluralism And The Decentralization Of Judicial Power Emma Hayward University of Pennsylvania,
[email protected] Follow this and additional works at: https://repository.upenn.edu/edissertations Part of the Law Commons, Near Eastern Languages and Societies Commons, Other International and Area Studies Commons, and the Political Science Commons Recommended Citation Hayward, Emma, "States And Group Rights: Legal Pluralism And The Decentralization Of Judicial Power" (2019). Publicly Accessible Penn Dissertations. 3426. https://repository.upenn.edu/edissertations/3426 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/edissertations/3426 For more information, please contact
[email protected]. States And Group Rights: Legal Pluralism And The Decentralization Of Judicial Power Abstract When do states decentralize judicial power to ethnic and religious minority groups? This dissertation presents a theory to explain why states are willing to undertake significant transfers of power by lending their support to ascriptive, group-based law. It begins with a literature review of scholarship in comparative politics and public law, both of which argue, for different reasons, that because the judiciary is vital to the state’s coercive apparatus, property rights regime, and governing functions, we should not expect states to decentralize judicial power. Yet over half of the world’s states choose to officially engage with legal pluralism by delegating power to group-based law; so the remainder of this work builds a theory to explain under what conditions states devolve or share judicial power with ethnic or religious minority groups, and what accounts for the variation in state approaches to judicial decentralization.