Culture and Heritage in Constitutional Law

Vaivade, Anita; Deacon, Harriet

Abstract

The chapter will analyze the way states deal with culture and heritage in their constitutions, in relation to nation building, identity and human rights, and will provide insights into examples coming from different regions of the world. Considering constitutions as sources of law that ground national legal systems and the interpretation of national laws, while reflecting the self-determination of peoples and founding state sovereignty, the chapter will ask a series of questions. What is the role of culture and heritage in constitutional law and how are they defined? Who are identified as subjects of cultural or heritage protection and to what end? Specific attention will be given to the way the rights of Indigenous peoples and marginalized groups are being protected through constitutions, and how this is related to ideas about culture and heritage. The chapter will also draw attention to customary law as heritage and its constitutional recognition. The chapter will explore the dynamics of constitutional law in interaction with the historical developments of international heritage law at both global and regional levels. The evolution of the concept of heritage internationally, and a growing emphasis on its intangible component, will be considered in relation to national constitutions. The chapter will explore this in regard to both cultural and natural heritage and range across various aspects of heritage including language. In addition to exploring constitutions themselves as sources of law, certain cases where rights related to heritage have been claimed in constitutional courts will be analyzed, and legal doctrine developed in scholarly literature will be examined.

Citation

Vaivade, A., & Deacon, H. (2024). Culture and Heritage in Constitutional Law. In L. Lixinski, & L. K. Morisset (Eds.), The Routledge Handbook of Heritage and the Law. Routledge. https://doi.org/10.4324/9781003149392

• Online Publication Date: Feb 5, 2024
• Publication Date: Feb 14, 2024
• Deposit Date: Mar 4, 2024
• Publisher: Routledge
• Series Title: Routledge Handbooks on Museums, Galleries and Heritage
• Book Title: The Routledge Handbook of Heritage and the Law
• Chapter Number: 9
• ISBN: 9780367687632
• DOI: https://doi.org/10.4324/9781003149392
• Public URL: https://hull-repository.worktribe.com/output/4570840
• Publisher URL: https://www.taylorfrancis.com/chapters/edit/10.4324/9781003149392-10/culture-heritage-constitutional-law-anita-vaivade-harriet-deacon?context=ubx&refId=32666a87-0add-459b-bd31-ff83f0b945cc