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Constitutional Law and National Pluralism (Paperback)
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Constitutional Law and National Pluralism (Paperback)
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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 involving the 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 a discrete 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 legal issues 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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