Constitutional Law And National Pluralism

Paperback | January 15, 2006

byStephen Tierney

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Over the past thirty years, sub-State national minorities in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political terms. This phenomenon has been the subject of considerable study by sociologists,political scientists, and political theorists. This book differs by offering a study of the consequences of these rights claims for legal systems. It examines the role played by law, especially constitutional law, in the negotiation of the complex relationships and competing rights claims involvingthe State, national minorities, and other groups and individuals within the State. This book addresses the constitutional issues, both in theory and in practice, that accompany the existence of national diversity in pluralist democracies. Tierney contends that the democratic plurinational state, characterized by the presence of more than one national group within the State, is adiscrete category of multi-level polity which defies the standard classifications of liberal constitutionalism. Building upon this theoretical basis, this book then focusses upon recent developments toward the institutional accommodation of Catalonia, Quebec, and Scotland. Tierney examines the legalissues which arise from the challenges posed by national minorites within multinational democracies, to the constitutional and institutional structures of particular States, and also to some of the fundamental precepts of democratic constitutional theory and practice.

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Over the past thirty years, sub-State national minorities in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political terms. This phenomenon has been the subject of considerable study by sociologists,political scientists, and political theorists....

Stephen Tierney is a Lecturer in Law, University of Edinburgh.

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Format:PaperbackDimensions:392 pages, 9.21 × 6.14 × 0.92 inPublished:January 15, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199298610

ISBN - 13:9780199298617

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Table of Contents

Part I Theoretical approaches to national pluralism1. The plurinational state in context2. Theories of nationalism and national identity3. The plurinational state: a normative challenge4. Sub-State national societies and contemporary challenges to the nation-statePart II The constitutional accommodation of Catalonia, Quebec and Scotland5. The process of constitutional change in plurinational states6. Substantive constitutional accommodation: autonomy, representation and recognition7. The judicial role: mediating national diversity in plurinational states8. Referendums: towards agreed models of constitutional accommodation9. Future prospects for the plurinational state