Difficult questions regarding the so-called limits of toleration or accommodation are inevitable in today’s diverse, immigration societies. Such questions cannot be satisfactorily answered through simple assertions of the majority’s will or by retreating to a defense of ‘core liberal values.’ Rather, dealing with the challenges of diversity in a manner consistent with liberal-democratic principles requires that decision-making concerning the terms of collective life be informed by sincere and respectful deliberation. But how and where do we go about engaging in such (...) deliberation? This essay suggests that the courts seem to offer an arena that is more conducive than other traditional democratic institutions in terms of enabling the type of dialogue and analysis essential to realizing meaningful deliberation. Paradoxically, then, the judicialization of politics can be understood to be an ally, not an enemy, of meaningful deliberation in diverse democracies. (shrink)

In 1999 Germany passed a major reform of its citizenship law, shaking off, however incompletely, its a century-old understanding of the German nation as based in blood. We examine this reform and especially the extended struggle that preceded it in order to better understand how international human rights norms come to play a role in the domestic politics of liberal democracies. Drawing on work in political sociology, international relations, and political theory, we argue that the power of human rights norms (...) should not be measured in terms of their ability to coerce states into action, but rather as a political resource, a means by which the excluded and their advocates can confront existing legal arrangements and cultural understandings. In contrast to scholars who have attempted to trace the influence of global norms from the top down, we focus on moments of contentious politics in which claims are advanced through the language of human rights. We show that these moments played an important and hitherto underappreciated part in driving the extension of German citizenship to former "guest workers" and their descendants. (shrink)