Constitutional law and national pluralism

著者

    • Tierney, Stephen

書誌事項

Constitutional law and national pluralism

Stephen Tierney

Oxford University Press, 2004

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注記

Includes bibliographical references (p. [341]-366) and index

内容説明・目次

内容説明

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, characterised 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, this book then 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 national minorities 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.

目次

  • PART I THEORETICAL APPROACHES TO NATIONAL PLURALISM
  • Chapter 1 The plurinational state in context
  • Chapter 2 Theories of nationalism and national identity
  • Chapter 3 The plurinational state: a normative challenge
  • Chapter 4 Sub-State national societies and contemporary challenges to the nation-state
  • PART II THE CONSTITUTIONAL ACCOMMODATION OF CATALONIA, QUEBEC AND SCOTLAND
  • Chapter 5 The process of constitutional change in plurinational states
  • Chapter 6 Substantive constitutional accommodation: autonomy, representation and recognition
  • Chapter 7 The judicial role: mediating national diversity in plurinational states
  • Chapter 8 Referendums: towards agreed models of constitutional accommodation
  • Chapter 9 Future prospects for the plurinational state

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