Federalism Plurinationality And Democratic Constitutionalism

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Federalism, Plurinationality and Democratic Constitutionalism

Author : Ferran Requejo,Miquel Caminal Badia
Publisher : Routledge
Page : 483 pages
File Size : 47,8 Mb
Release : 2012-02-20
Category : Political Science
ISBN : 9781136584909

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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.

Political Liberalism and Plurinational Democracies

Author : Ferran Requejo Coll,Miquel Caminal i Badia
Publisher : Routledge
Page : 274 pages
File Size : 54,6 Mb
Release : 2011
Category : Philosophy
ISBN : 9780415564502

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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.

Theories of Federalism

Author : D. Karmis,W. Norman
Publisher : Springer
Page : 323 pages
File Size : 43,6 Mb
Release : 2016-04-30
Category : Political Science
ISBN : 9781137055491

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Theories of Federalism by D. Karmis,W. Norman Pdf

This project pulls together classic and modern readings and essays that explore theories of federalism. Spanning the Seventeenth through Twenty-first-centuries of European, U.S. and Canadian thinkers, this attempts to be a comprehensive reader for students in political theory. The emphasis throughout is on the normative argument, the advantages or disadvantages of federal and confederal arrangements compared to unitary states, and on the relative merits of various proposals to improve particular federations or confederations. These also draw on the full range of political science subfields: from political sociology, political economy and constitutional studies to comparative politics and international relations. There are also readings, both contemporary and historical, that attempt to clarify conceptual issues.

Multinational Federalism and Value Pluralism

Author : Ferran Requejo
Publisher : Routledge
Page : 164 pages
File Size : 47,6 Mb
Release : 2004-08-02
Category : Philosophy
ISBN : 9781134272334

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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).

Asymmetry, Multinationalism and Constitutional Law

Author : Maja Sahadžić
Publisher : Routledge
Page : 279 pages
File Size : 50,7 Mb
Release : 2020-09-02
Category : Law
ISBN : 9781000173208

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Asymmetry, Multinationalism and Constitutional Law by Maja Sahadžić Pdf

This book examines the link between constitutional asymmetry and multinationalism and the effects asymmetry produces on legitimacy and stability in federal and quasi-federal systems. This is done through a structured and exhaustive comparative analysis, covering states in Africa, America, Asia, and Europe. Contrary to traditional federal theory, contemporary scholars have linked constitutional asymmetry with multinational federal systems, by presenting asymmetry as a mechanism for diversity management. This book offers insights on whether and how constitutional asymmetry is linked with multinationalism and looks into the socio-economic, cultural-ideological, historical, and separatist factors that support the emergence of asymmetries. The work also provides a legal analysis of whether constitutional asymmetry is a condition or a threat to legitimacy and stability in federal systems. The book will be essential reading for academics, researchers, and policy-makers in law and political science interested in the fields of constitutional law, federal theory, multinationalism, and minorities.

Constitutionalism Under Extreme Conditions

Author : Richard Albert,Yaniv Roznai
Publisher : Springer Nature
Page : 445 pages
File Size : 42,7 Mb
Release : 2020-09-24
Category : Law
ISBN : 9783030490003

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Constitutionalism Under Extreme Conditions by Richard Albert,Yaniv Roznai Pdf

This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Ethnic Diversity, Plural Democracy and Human Dignity

Author : Mario Krešić,Damir Banović,Alberto Carrio Sampedro,Jānis Pleps
Publisher : Springer Nature
Page : 279 pages
File Size : 45,7 Mb
Release : 2022-04-25
Category : Law
ISBN : 9783030979171

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Ethnic Diversity, Plural Democracy and Human Dignity by Mario Krešić,Damir Banović,Alberto Carrio Sampedro,Jānis Pleps Pdf

“Given their ethnic diversity, to what extent, and at what cost and benefit to human dignity, can European countries adopt and adapt plural democracy?” The contributors to this volume offer answers to this question from a variety of multidisciplinary perspectives within the framework of the integral theory of law and the state. Their shared aim is to explain legal phenomena in the context of other relevant issues and to identify, analyse and critique conceptualizations, problems and situations. This volume is rooted in the historical and contemporary European experience with special cases from Bosnia and Hercegovina, Croatia, Latvia, Slovenia, Spain and Canada which are relevant for understanding the European problem. Solutions to the problem are sought through innovative interpretations of the rule of law, democracy and human dignity, which are followed by argumentation about how these concepts, when recognized as European legal principles, can be implemented in order to avoid ethnic conflicts. Following an introduction that defines the problem at the centre of the book and explains how legal theory can be used to address it, the book consists of eleven contributions divided into three thematic sections. The first covers topics concerning the European principles which can help avoid ethnic conflicts: the principle of compulsory adjudication in interstate relations, the principle of democracy, and principles regarding the recognition of individual and collective identities. These European principles are then investigated by drawing on legal and political theories. The second section presents three ways of conceptualizing ethnical needs in multi-ethnic states: asymmetric federalism, dêmoicratic account and cooperative federalism. The third and final section elaborates on issues concerning the protection of minority rights: the role of judicial ideology in protecting minority rights, citizenship, the EU mechanism for the protection of minority rights, and the importance of remembering tragic events affecting minorities.

Democracy, Federalism, the European Revolution, and Global Governance

Author : Andrea Bosco
Publisher : Cambridge Scholars Publishing
Page : 436 pages
File Size : 47,9 Mb
Release : 2020-06-10
Category : Political Science
ISBN : 9781527554450

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Democracy, Federalism, the European Revolution, and Global Governance by Andrea Bosco Pdf

The European Union is facing today the greatest crisis since its creation. Brexit could mean not only the reversal of its steady enlargement—from 6 to 28 member states—but also the beginning of an inexorable decline leading to its disintegration. However, few today seem to recollect that it was precisely the British who were the first to promulgate the political culture which inspired the European Union’s construction—democracy and federalism—and the first who tried to realise, in June 1940, a European federation on the basis of an Anglo-French union. This volume traces the fundamental stages of the European unification process, placing it in relation to the wider process of world economic and political integration. In particular, it analyses the historical significance of the European Revolution, which is identified in the overcoming of the nation state—namely the modern political formula which institutionalised the political division of mankind—and the birth of the first truly international state. The universal historical significance of the European Revolution lies in its exportability—as for the other great European revolutions—and, therefore, its potential as progressively extensible to all the states of the planet. Europe was indeed the first region of the world where the barriers between national states fell, and a post-national political identity emerged, complementary to national political identities. It is, in fact, in the context of the European Union that democracy beyond the borders of the nation state has first been realized, constituting a guiding principle for global governance.

Constitutional Asymmetry in Multinational Federalism

Author : Patricia Popelier,Maja Sahadžić
Publisher : Springer
Page : 510 pages
File Size : 44,9 Mb
Release : 2019-02-18
Category : Political Science
ISBN : 9783030117016

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Constitutional Asymmetry in Multinational Federalism by Patricia Popelier,Maja Sahadžić Pdf

This edited volume examines the link between constitutional asymmetry and multinationalism in multi-tiered systems through a comprehensive and rigorous comparative analysis, covering countries in Europe, Africa and Asia. Constitutional asymmetry means that the component units of a federation do not have equal relationships with each other and with the federal authority. In traditional federal theories, this is considered an anomaly. The degree of symmetry and asymmetry is seen as an indicator of the degree of harmony or conflict within each system. Therefore symmetrisation processes tend to be encouraged to secure the stability of the political system. However, scholars have linked asymmetry with multinational federalism, presenting federalism and asymmetry as forms of ethnical conflict management. This book offers insights into the different types of constitutional asymmetry, the factors that stimulate symmetrisation and asymmetrisation processes, and the ways in which constitutional asymmetry is linked with multinationalism.

Routledge Handbook of Regionalism & Federalism

Author : John Loughlin,John Kincaid,Wilfried Swenden
Publisher : Routledge
Page : 960 pages
File Size : 47,7 Mb
Release : 2013-07-18
Category : Political Science
ISBN : 9781136727696

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Routledge Handbook of Regionalism & Federalism by John Loughlin,John Kincaid,Wilfried Swenden Pdf

Almost all states are either federal or regionalized in some sense. It is difficult to find a state that is entirely unitary and the Routledge Handbook of Regionalism and Federalism necessarily takes in almost the entire world. Both federalism and regionalism have been subjects of a vast academic literature mainly from political science but sometimes also from history, economics, and geography. This cutting edge examination seeks to evaluate the two types of state organization from the perspective of political science producing a work that is analytical rather than simply descriptive. The Handbook presents some of the latest theoretical reflections on regionalism and federalism and then moves on to discuss cases of both regionalism and federalism in key countries chosen from the world’s macro-regions. Assembling this wide range of case studies allows the book to present a general picture of current trends in territorial governance. The final chapters then examine failed federations such as Czechoslovakia and examples of transnational regionalism - the EU, NAFTA and the African Union. Covering evolving forms of federalism and regionalism in all parts of the world and featuring a comprehensive range of case studies by leading international scholars this work will be an essential reference source for all students and scholars of international politics, comparative politics and international relations.

Democracy, Law and Religious Pluralism in Europe

Author : Ferran Requejo,Camil Ungureanu
Publisher : Routledge
Page : 313 pages
File Size : 44,6 Mb
Release : 2014-09-15
Category : Political Science
ISBN : 9781317637264

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Democracy, Law and Religious Pluralism in Europe by Ferran Requejo,Camil Ungureanu Pdf

In contrast with the progressive dilution of religions predicted by traditional liberal and Marxist approaches, religions remain important for many people, even in Europe, the most secularised continent. In the context of increasingly culturally diverse societies, this calls for a reinterpretation of the secular legacy of the Enlightenment and also for an updating of democratic institutions. This book focuses on a central question: are the classical secularist arrangements well equipped to tackle the challenge of fast-growing religious pluralism? Or should we move to new post-secular arrangements when dealing with pluralism in Europe? Offering an interdisciplinary approach that combines political theory and legal analysis, the authors tackle two interrelated facets of this controversial question. They begin by exploring the theoretical perspective, asking what post-secularism is and looking at its relation to secularism. The practical consequences of this debate are then examined, focusing on case-law through four empirical case studies. This book will be of interest to students and scholars of political theory, philosophy, religion and politics, European law, human rights, legal theory and socio-legal studies.

The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain

Author : Alberto López - Basaguren,Leire Escajedo San Epifanio
Publisher : Springer Science & Business Media
Page : 911 pages
File Size : 47,7 Mb
Release : 2013-06-13
Category : Law
ISBN : 9783642277177

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The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain by Alberto López - Basaguren,Leire Escajedo San Epifanio Pdf

Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This second volume focuses its attention on the difficulties and challenges faced in two particular fields. On the one hand, the field of intergovernmental relations and, on the other, questions related to the integration and acknowledgement of diversity and of Fundamental Rights, with special reference to the cases of Canada and Spain. Finally, there is analysis of other specific aspects of the system of territorial autonomy in Spain.

Understanding Federalism and Federation

Author : Alain-G. Gagnon,Soeren Keil
Publisher : Routledge
Page : 354 pages
File Size : 43,9 Mb
Release : 2016-03-09
Category : Political Science
ISBN : 9781317004950

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Understanding Federalism and Federation by Alain-G. Gagnon,Soeren Keil Pdf

Based on a variety of contemporary debates on federal theory Understanding Federalism and Federation honours Michael Burgess’ contribution to the study of these topics through a selection of approaches, theories, debates and interpretations. Gathering contributors from diverse subfields to synthesize current debates it offers a snapshot of the immense range of current research on federalism and federation. Leading authors debate key issues such as American federalism, Canada and the role of Quebec, the latest insights into comparative federalism and federation, the European Union as a federal project and the analysis of constitutional courts in federal systems. Different theoretical and empirical fields and perspectives are brought together, synthesizing major findings and addressing emerging issues and these topics are analysed through multiple lenses to provide new insights, original approaches and much-needed theoretical and empirical data on federalism and federation.

Centripetal Democracy

Author : Joseph Lacey
Publisher : Oxford University Press
Page : 304 pages
File Size : 42,5 Mb
Release : 2017-03-31
Category : Political Science
ISBN : 9780192517159

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Centripetal Democracy by Joseph Lacey Pdf

Centripetal democracy is the idea that legitimate democratic institutions set in motion forms of citizen practice and representative behaviour that serve as powerful drivers of political identity formation. Partisan modes of political representation in the context of multifaceted electoral and direct democratic voting opportunities are emphasised on this model. There is, however, a strain of thought predominant in political theory that doubts the democratic capacities of political systems constituted by multiple public spheres. This view is referred to as the lingua franca thesis on sustainable democratic systems (LFT). Inadequate democratic institutions and acute demands to divide the political system (through devolution or secession), are predicted by this thesis. By combining an original normative democratic theory with a comparative analysis of how Belgium and Switzerland have variously managed to sustain themselves as multilingual democracies, this book identifies the main institutional features of a democratically legitimate European Union and the conditions required to bring it about. Part One presents a novel theory of democratic legitimacy and political identity formation on which subsequent analyses are based. Part Two defines the EU as a demoi-cracy and provides a thorough democratic assessment of this political system. Part Three explains why Belgium has largely succumbed to the centrifugal logic predicted by the LFT, while Switzerland apparently defies this logic. Part Four presents a model of centripetal democracy for the EU, one that would greatly reduce its democratic deficit and ensure that this political system does not succumb to the centrifugal forces expected by the LFT.

Recognition and Redistribution in Multinational Federations

Author : Jean-François Grégoire,Michael Jewkes
Publisher : Leuven University Press
Page : 247 pages
File Size : 49,8 Mb
Release : 2015-03-19
Category : Philosophy
ISBN : 9789462700246

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Recognition and Redistribution in Multinational Federations by Jean-François Grégoire,Michael Jewkes Pdf

World’s leading theorists of multinational justice on sub-state national minority groups Almost without exception, multinational states across the West are facing existential crises precipitated by the resurgence of sub-state national minority groups. This edited volume brings together many of the world’s leading theorists of multinational justice in order to analyse two of the most frequent areas of debate and dispute in multinational federations: recognition and redistribution. The authors address questions such as the following: What are the most appropriate forms of institutional recognition for sub-state national groups? How is the concept of redistributive justice affected by the presence of federal institutions and autonomous sub-state nationalities? And what are the potential sources of stability that fractious federations can call upon? As well as extensive theoretical analyses, the book is peppered throughout with examples drawn from actual multinational states including Canada, Belgium, Spain, and the United Kingdom. Contributors Jean-François Grégoire (KU Leuven), Michael Jewkes (KU Leuven), Helder De Schutter (KU Leuven), Antoon Vandevelde (KU Leuven), Alain-G Gagnon (Université du Québec à Montréal), Geneviève Nootens (Université du Québec à Chicoutimi), Philippe Van Parijs (Université Catholique de Louvain), François Boucher (University of Montreal), Jocelyn Maclure (Université Laval), Andrew Shorten (University of Limerick), David Robichaud (University of Ottawa), Ferran Requejo (Universitat Pompeu Fabra), Marc Sanjaume (Université du Québec à Montréal).