Constitutionalism And The Politics Of Accommodation In Multinational Democracies
Constitutionalism And The Politics Of Accommodation In Multinational Democracies Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Constitutionalism And The Politics Of Accommodation In Multinational Democracies book. This book definitely worth reading, it is an incredibly well-written.
Constitutionalism and the Politics of Accommodation in Multinational Democracies by Jaime Lluch Pdf
This collection argues that although constitutionalism has traditionally been the primary mechanism for facilitating the mutual accommodation of sub-state and state national societies in plurinational states.
In the contemporary world, there are many democratic states whose minority nations have pushed for constitutional reform, greater autonomy, and asymmetric federalism. Substate national movements within countries such as Spain, Canada, Belgium, and the United Kingdom are heterogeneous: some nationalists advocate independence, others seek an autonomous special status within the state, and yet others often seek greater self-government as a constituent unit of a federation or federal system. What motivates substate nationalists to prioritize one constitutional vision over another is one of the great puzzles of ethnonational constitutional politics. In Visions of Sovereignty, Jaime Lluch examines why some nationalists adopt a secessionist stance while others within the same national movement choose a nonsecessionist constitutional orientation. Based on extensive fieldwork in Canada and Spain, Visions of Sovereignty provides an in-depth examination of the Québécois and Catalan national movements between 1976 and 2010. It also elaborates a novel theoretical perspective: the "moral polity" thesis. Lluch argues persuasively that disengagement between the central state and substate nationalists can lead to the adoption of more prosovereignty constitutional orientations. Because many substate nationalists perceive that the central state is not capable of accommodating or sustaining a plural constitutional vision, their radicalization is animated by a moral sense of nonreciprocity. Mapping the complex range of political orientations within substate national movements, Visions of Sovereignty illuminates the political and constitutional dynamics of accommodating national diversity in multinational democracies. This elegantly written and meticulously researched study is essential for those interested in the future of multinational and multiethnic states.
Constitutional Politics in Multinational Democracies by André Lecours,Nikola Brassard-Dion,Guy Laforest Pdf
Constitutional politics is exceptionally intense and unpredictable. It involves negotiations over the very nature of the state and the implications of self- determination. Multinational democracies face pressing challenges to the existing order because they are composed of communities with distinct cultures, histories, and aspirations, striving to coexist under mutually agreed-upon terms. Conflict over the recognition of these multiple identities and the distribution of power and resources is inevitable and, indeed, part of what defines democratic life in multinational societies. In Constitutional Politics in Multinational Democracies André Lecours, Nikola Brassard-Dion, and Guy Laforest bring together experts on multinational democracies to analyze the claims of minority nations about their political future and the responses they elicit through constitutional politics. Essays focus on the nature of these states and the actors and political process within them. This framework allows for a multidimensional examination of crucial political periods in these democracies by assessing what constitutional politics is, who is involved in it, and how it happens. Case studies include Catalonia and Spain, Puerto Rico and the United States, Scotland and the United Kingdom, Belgium, Bosnia and Herzegovina, and Quebec and the Métis People in Canada. Theoretically significant and empirically rich, Constitutional Politics in Multinational Democracies is a necessary read for any student of multinationalism.
Federalism, Plurinationality and Democratic Constitutionalism by Ferran Requejo,Miquel Caminal Badia Pdf
This book provides a theoretical and comparative analysis of federalism and federations in plurinational democracies, examining how states with distinct peoples and communities coexist (or not). Through a theoretical approach to democracy and federalism, and interdisciplinary analysis of plurinationality in state organization, including case studies of the UK, Russia, Canada, Belgium, India, Spain, Switzerland and Bolivia, this text assesses the possibilities and limits of federalism as a way to recognize and accommodate multinationalism in plurinational democracies. It evaluates a range of strategies used by states to support national, ethnic, linguistic or religious collectives in present-day liberal democracies. Leading scholars in the field evaluate the institutional and practical repercussions regarding the issue of recognition and accommodation of national minorities in a globalised world, through different theoretical perspectives to build up a detailed picture of problems and solutions to multinationalism. Looking both within and beyond the state, this is an invaluable examination of dilemmas and institutional challenges faced by many modern democracies. Federalism, Plurinationality and Democratic Constitutionalism will be of interest to students, researchers and scholars of democracy, nationalism, federalism and constitutionalism.
A collection of state of the art reflections by fourteen leading experts in the field of multinational federalism. Seymour and Gagnon have gathered contributions from philosophers, political scientists and jurists dealing with the accommodation of peoples in countries like Belgium, Canada, Europe, Great Britain, India and Spain.
Constitutional Politics in Multinational Democracies by André Lecours,Nikola Brassard-Dion,Guy Laforest Pdf
Constitutional politics is exceptionally intense and unpredictable. It involves negotiations over the very nature of the state and the implications of self- determination. Multinational democracies face pressing challenges to the existing order because they are composed of communities with distinct cultures, histories, and aspirations, striving to coexist under mutually agreed-upon terms. Conflict over the recognition of these multiple identities and the distribution of power and resources is inevitable and, indeed, part of what defines democratic life in multinational societies. In Constitutional Politics in Multinational Democracies André Lecours, Nikola Brassard-Dion, and Guy Laforest bring together experts on multinational democracies to analyze the claims of minority nations about their political future and the responses they elicit through constitutional politics. Essays focus on the nature of these states and the actors and political process within them. This framework allows for a multidimensional examination of crucial political periods in these democracies by assessing what constitutional politics is, who is involved in it, and how it happens. Case studies include Catalonia and Spain, Puerto Rico and the United States, Scotland and the United Kingdom, Belgium, Bosnia and Herzegovina, and Quebec and the Métis People in Canada. Theoretically significant and empirically rich, Constitutional Politics in Multinational Democracies is a necessary read for any student of multinationalism.
Political Liberalism and Plurinational Democracies by Ferran Requejo Coll,Miquel Caminal i Badia Pdf
The book examines the current state of affairs concerning the political recognition and constitutional accommodation of national plurality in liberal democracies in the global era of the 21st century. It features case studies on Belgium, Canada, Spain, UK and the European Union.
Constitutional Design for Divided Societies by Sujit Choudhry Pdf
How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.
Multinational Federalism and Value Pluralism by Ferran Requejo Pdf
This book addresses the democratic accommodation of national pluralism through federal rules. The key question is: can federalism be a fair and workable way of articulating multinational societies according to revised liberal-democratic patterns? In recent years, scholarly discussion on this issue has undergone a change. Nowadays, the answer to this question is much more complex than the one that traditional political liberalism and federalism used to give us. In the past, these two political approaches usually addressed the question of political pluralism without seriously including national pluralism in the discussion, a theoretical attitude that has often misrepresented and impoverished the moral discussions and the institutional practices of multinational democratic federations. Multinational Federalism and Value Pluralism has been awarded the prize for the best book in 2005 by the Spanish Political Science Association (AECPA).
Modern Constitutions by Rogers M. Smith,Richard R. Beeman Pdf
More than two millennia ago, Aristotle is said to have compiled a collection of ancient constitutions that informed his studies of politics. For Aristotle, constitutions largely distilled and described the varied and distinctive patterns of political life established over time. What constitutionalism has come to mean in the modern era, on the other hand, originates chiefly in the late eighteenth century and primarily with the U.S. Constitution—written in 1787 and made effective in 1789—and the various French constitutions that first appeared in 1791. In the last half century, more than 130 nations have adopted new constitutions, half of those within the last twenty years. These new constitutions are devoted to many of the same goals found in the U.S. Constitution: the rule of law, representative self-government, and protection of rights. But by canvassing constitutional developments at the national and state level in the United States alongside modern constitutions in Eastern and Western Europe, Africa, and Asia, the contributors to Modern Constitutions—all leading scholars of constitutionalism—show that modern constitutions often seek to protect social rights and to establish representative institutions, forms of federalism, and courts charged with constitutional review that depart from or go far beyond the seminal U.S. example. Partly because of their innovations, however, many modern constitutional systems now confront mounting authoritarian pressures that put fundamental commitments to the rule of law in jeopardy. The contributions in this volume collectively provide a measure of guidance for the challenges and prospects of modern constitutions in the rapidly changing political world of the twenty-first century. Contributors: Richard R. Beeman, Valerie Bunce, Tom Ginsburg, Heinz Klug, David S. Law, Sanford Levinson, Jaime Lluch, Christopher McCrudden, Kim Lane Scheppele, Rogers M. Smith, Mila Versteeg, Emily Zackin.
Nationalism, Secessionism, and Autonomy by André Lecours Pdf
The strength of secessionism in liberal-democracies varies in time and space. Inspired by historical institutionalism, Nationalism, Secessionism, and Autonomy argues that such variation is explained by the extent to which autonomy evolves in time. If autonomy adjusts to the changing identity, interests, and circumstances of an internal national community, nationalism is much less likely to be strongly secessionist than if autonomy is a final, unchangeable settlement. Developing a controlled comparison of, on the one hand, Catalonia and Scotland, where autonomy has been mostly static during key periods of time, and, on the other hand, Flanders and South Tyrol, where it has been dynamic, and also considering the Basque Country, Québec, and Puerto Rico as additional cases, this book puts forward an elegant theory of secessionism in liberal-democracies: dynamic autonomy staves off secessionism while static autonomy stimulates it.
Constitutional Acceleration within the European Union and Beyond by Paul Blokker Pdf
Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of ‘constitutional acceleration’ or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges – including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.
Pluralist Constitutions in Southeast Asia by Jaclyn L Neo,Ngoc Son Bui Pdf
This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.
Author : Antoni Abat i Ninet Publisher : Taylor & Francis Page : 283 pages File Size : 53,7 Mb Release : 2023-07-31 Category : Law ISBN : 9781000919318
Constitutional Law and Politics of Secession by Antoni Abat i Ninet Pdf
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.
