Constitutional Law and National Pluralism
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 a discrete category of multi-level polity which defies the standard classifications of liberal constitutionalism. Building upon this theoretical basis, the book focuses upon recent developments toward the institutional accommodation of Catalonia, Quebec, and Scotland. Tierney examines the legal issues which arise from the challenges posed by sub-state nations 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.
1103655940
Constitutional Law and National Pluralism
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 a discrete category of multi-level polity which defies the standard classifications of liberal constitutionalism. Building upon this theoretical basis, the book focuses upon recent developments toward the institutional accommodation of Catalonia, Quebec, and Scotland. Tierney examines the legal issues which arise from the challenges posed by sub-state nations 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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Constitutional Law and National Pluralism

Constitutional Law and National Pluralism

by Stephen Tierney
Constitutional Law and National Pluralism

Constitutional Law and National Pluralism

by Stephen Tierney

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Overview

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 a discrete category of multi-level polity which defies the standard classifications of liberal constitutionalism. Building upon this theoretical basis, the book focuses upon recent developments toward the institutional accommodation of Catalonia, Quebec, and Scotland. Tierney examines the legal issues which arise from the challenges posed by sub-state nations 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.

Product Details

ISBN-13: 9780199298617
Publisher: Oxford University Press
Publication date: 02/23/2006
Pages: 392
Product dimensions: 9.10(w) x 6.10(h) x 1.00(d)

About the Author

Stephen Tierney is Lecturer in Law at the University of Edinburgh.

Table of Contents

Part I Theoretical approaches to national pluralismChapter 1. The plurinational state in contextChapter 2. Theories of nationalism and national identityChapter 3. The plurinational state: a normative challengeChapter 4. Sub-State national societies and contemporary challenges to the nation-statePart II The constitutional accommodation of Catalonia, Quebec and ScotlandChapter 5. The process of constitutional change in plurinational statesChapter 6. Substantive constitutional accommodation: autonomy, representation and recognitionChapter 7. The judicial role: mediating national diversity in plurinational statesChapter 8. Referendums: towards agreed models of constitutional accommodationChapter 9. Future prospects for the plurinational state
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