Constitutional Law And National Pluralism

Over the past thirty years, sub-State national societies in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political terms. This book examines the role played by law, especially constitutional law, in the negotiation of the complex relationships and competing rights claims involving the state, sub-state nations, and other groups and individuals within the state. It focusses in particular upon recent developments in the United Kingdom, Canada, and Spain. Book jacket.

Stephen Tierney is Reader in Law at the University of Edinburgh

PART I THEORETICAL APPROACHES TO NATIONAL PLURALISM

1. The Plurinational State in Context

3

(17)

I. Introduction

3

(3)

II. Sub-state Nationalism and Historiography

6

(3)

III. The Normative Challenge to Traditional Liberalism

9

(3)

IV. Constitutional Praxis

12

(5)

V. Case Studies

17

(3)

2. Theories of Nationalism and National Identity

20

(26)

I. Introduction

20

(1)

II. Nations and Nationalism

21

(11)

III. Sub-state National Societies: An Introduction

32

(13)

IV. Concluding Remarks

45

(1)

3. The Plurinational State: A Normative Challenge

46

(34)

I. Introduction

46

(2)

II. Sub-state National Societies as Societal Cultures

48

(3)

III. Sub-state National Societies and the State

51

(17)

IV. Catalonia, Quebec and Scotland as Sub-state National Societies

68

(12)

4. Sub-state National Societies and Contemporary Challenges to the Nation-state

80

(51)

I. Introduction

80

(2)

II. Neo-nationalism, Re-territorialisation and Constitutional Orders

82

(16)

III. Sub-state National Societies and Constitutional Discourse

98

(2)

IV. Alternative Visions of Sovereignty in Catalonia, Quebec and Scotland: Interpretational and Amendatory Constitutional Critiques

100

(21)

V. Concluding Remarks

121

(10)

PART II THE CONSTITUTIONAL ACCOMMODATION OF CATALONIA, QUEBEC AND SCOTLAND

5. The Process of Constitutional Change in Plurinational States

131

(52)

I. Introduction

131

(5)

II. Amending the Constitution: The Relationship Between Host State and Sub-state National Society

136

(30)

III. Individual Participation in Processes of Constitutional Change

166

(17)

6. Substantive Constitutional Accommodation: Autonomy, Representation and Recognition

183

(64)

I. Introduction: Institutional Change and Historical Context

183

(6)

II. Autonomy

189

(19)

III. Representation

208

(26)

IV Recognition

234

(10)

V. Conclusion

244

(3)

7. The Judicial Role: Mediating National Diversity in Plurinational States

247

(37)

I. Introduction

247

(9)

II. The Quebec Secession Reference

256

(5)

III. Quebec and Self-determination

261

(10)

IV. Catalonia and the Tribunal Constitucional

271

(7)

V. The Courts and Scottish Devolution

278

(3)

VI. Concluding Remarks: Autonomy Disputes and the Judicial Safety-valve

281

(3)

8. Referendums: Towards Agreed Models of Constitutional Accommodation

284

(41)

I. Introduction

284

(8)

II. Referendums and Substantive Constitutional Change

292

(13)

III. The Process of Referendums

305

(19)

IV. Concluding Remarks

324

(1)

9. Future Prospects for the Plurinational State

325

(16)

I. The Value of Plurinational States

325

(1)

II. Liberal Theory and the Plurinational State

326

(2)

III. Sub-state National Societies and Constitutional Change

328

(7)

IV. Changing Approaches to National Pluralism

335

(6)

Bibliography

341

(26)

Index

367

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Constitutional Law And National Pluralism

Summary

Author Biography

Table of Contents

Supplemental Materials