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If the last decade focused on what works, the decade ahead must
focus on what matters. In his second book, Tierney argues that the
purpose of education must move to the heart of the educational
debate. Purpose will significantly influence what schools and the
education system as a whole will do next. Why we educate is a
question from which all other aspects evolve. A question for all
times, it will resonate with those who have experienced the Great
Pause. Using four main philosophies of education - personal
empowerment, cultural transmission, preparation for work and
preparation for citizenship - he provides the underpinning theory
and seminal works alongside a powerful critique. Using the impact
of these different philosophies on a school's curriculum he
challenges the current orthodoxy, allowing the reader to consider
alternative views and approaches. Proposing that the telos of
education must be a life well lived, he argues for a re-purposing
of education, with a preferential option for the poor at its heart.
Educative and challenging this will be read by all those interested
and involved in education.
In an increasingly frenetic world too many leaders have lost sight
of the simple yet profound wisdom associated with practical action,
otherwise known as phronesis. Phronesis is an ancient Greek word
associated with good judgement and good character. At its core, it
is about the ability to discern how best to act. Practical wisdom
involves acting thoughtfully and virtuously and encouraging others
to do the same. Stephen Tierney describes virtue, thought and
action - which coalesce in effective leadership - as the Way of
Being, Way of Knowing and Way of Doing. Each of the three Ways
consist of a number of elements termed the Basics. The Ways of
Being: Purpose & Introspection The Ways of Knowing: Specialism
& Strategy The Ways of Doing: Implementation, Networking,
Guardianship & Expertise Structuring the book around these
eight Basics, readers will be challenged and supported to explore
each of the Basics from a theoretical perspective and then provided
with real world examples of how they were applied by Stephen in his
own career in educational leadership. In writing Leadership: Being,
Knowing, Doing, Stephen seeks to help leaders explore their own
capabilities and potential. Leadership can be learnt. The three
Ways with their constituent Basics represent a mirror to help
leaders reflect upon and improve their practice. In turn, current
leaders are called upon to accept the responsibility to grow the
leaders of the future.
In a critical engagement with the function of public law and with
constitutionalism in its political dimensions, this volume brings
together the reflections of three leading constitutionalists:
Martin Loughlin, James Tully and Frank Michelman. Comprising three
critical commentaries on each, it addresses the multiple ways in
which public law is implicated in the logic of rule. This operates
on the one hand in maintaining and underwriting relative patterns
of power and weakness through political structures and processes.
On the other hand, public law is considered to contain the
potential to redress these patterns through the use of
constitutional authority, social and economic as well as civil and
political rights, redistribution of political power, the expansion
of territorial governance, and moves to supra-state levels of
authority. The book reproduces, in a succinct and organized way,
the insights into both the limitations and the potentialities of
public law within its political setting.
This volume explores recent developments in the theory and practice
of accommodating cultural diversity within democratic
constitutional orders. The aim of the book is to provide a broad
vision of the constitutional management of cultural diversity as
seen through the prisms of different disciplines and experiences,
both theoretical and practical. The contributions, which come from
Canada and Europe, comprise a review of the evolving theory of
cultural diversity, followed by two main case studies: a
substantive study of the accommodation of indigenous peoples within
different constitutional orders and, secondly, the importance of
constitutional interpretation to the development of cultural
diversity in complex pluralist democracies such as Australia,
Canada and the UK.
Stephen Tierney has spent thirty years working in schools, twenty
nine of those in different leadership positions. In Liminal
Leadership, he suggests that the education system is currently at a
threshold; and it may be one in which the teaching profession is
diminished or augmented. Using an honest and personal account of
Stephen's own journey as a framework, Liminal Leadership empowers
current and prospective school leaders at all levels to scrutinise,
polish and advance their skills to build enriching, aspirational
and ultimately fulfilling cultures within which to work.
In a critical engagement with the function of public law and with
constitutionalism in its political dimensions, this volume brings
together the reflections of three leading constitutionalists:
Martin Loughlin, James Tully and Frank Michelman. Comprising three
critical commentaries on each, it addresses the multiple ways in
which public law is implicated in the logic of rule. This operates
on the one hand in maintaining and underwriting relative patterns
of power and weakness through political structures and processes.
On the other hand, public law is considered to contain the
potential to redress these patterns through the use of
constitutional authority, social and economic as well as civil and
political rights, redistribution of political power, the expansion
of territorial governance, and moves to supra-state levels of
authority. The book reproduces, in a succinct and organized way,
the insights into both the limitations and the potentialities of
public law within its political setting.
This volume explores recent developments in the theory and practice
of accommodating cultural diversity within democratic
constitutional orders. The aim of the book is to provide a broad
vision of the constitutional management of cultural diversity as
seen through the prisms of different disciplines and experiences,
both theoretical and practical. The contributions, which come from
Canada and Europe, comprise a review of the evolving theory of
cultural diversity, followed by two main case studies: a
substantive study of the accommodation of indigenous peoples within
different constitutional orders and, secondly, the importance of
constitutional interpretation to the development of cultural
diversity in complex pluralist democracies such as Australia,
Canada and the UK.
Federalism is a very familiar form of government. It characterises
the first modern constitution-that of the United States-and has
been deployed by constitution-makers to manage large and internally
diverse polities at various key stages in the history of the modern
state. Despite its pervasiveness in practice, this book argues that
federalism has been strangely neglected by constitutional theory.
It has tended either to be subsumed within one default account of
modern constitutionalism, or it has been treated as an exotic
outlier - a sui generis model of the state, rather than a form of
constitutional ordering for the state. This neglect is both
unsatisfactory in conceptual terms and problematic for
constitutional practitioners, obscuring as it does the core
meaning, purpose and applicability of federalism as a specific
model of constitutionalism with which to organise territorially
pluralised and demotically complex states. In fact, the federal
contract represents a highly distinctive order of rule which in
turn requires a particular, 'territorialised' approach to many of
the fundamental concepts with which constitutionalists and
political actors operate: constituent power, the nature of
sovereignty, subjecthood and citizenship, the relationship between
institutions and constitutional authority, patterns of
constitutional change and, ultimately, the legitimacy link between
constitutionalism and democracy. In rethinking the idea and
practice of federalism, this book adopts a root and branch
recalibration of the federal contract. It does so by analysing
federalism through the conceptual categories that characterise the
nature of modern constitutionalism: foundations, authority,
subjecthood, purpose, design and dynamics. This approach seeks to
explain and in so doing revitalise federalism as a discrete,
capacious and adaptable concept of rule that can be deployed
imaginatively to facilitate the deep territorial variety that
characterises so many states in the 21st century.
How should political power be divided within and among national
peoples? Is the nineteenth-century theory of the sovereign and
unitary State still fit for purpose in the twenty-first century? If
not, can federalism provide a viable alternative model? This
collection looks at federalism from the perspective of
constitutional law. Taking the United Kingdom as a case study, Part
One tracks the historical evolution of the 'Union' and explores the
various expressions of federalism that emerged between the
eighteenth and twentieth centuries. Part Two then assesses the
experience of sovereignty-sharing with other nations in the context
of international cooperation. Drawing on the expertise of the
foremost commentators in their field, The United Kingdom and the
Federal Idea provides a timely and reflective evaluation of how
constitutional authority is being re-ordered within and beyond the
United Kingdom.
This book addresses a seemingly paradoxical situation. On the one
hand, nationalism from Scotland to the Ukraine remains a resilient
political dynamic, fostering secessionist movements below the level
of the state. On the other, the competence and capacity of states,
and indeed the coherence of nationalism as an ideology, are
increasingly challenged by patterns of globalisation in commerce,
cultural communication and constitutional authority beyond the
state. It is the aim of this book to shed light on the relationship
between these two processes, addressing why the political currency
of nationalism remains strong even when the salience of its
objective - independent and autonomous statehood - becomes ever
more attenuated. The book takes an interdisciplinary approach both
within law and beyond, with contributions from international law,
constitutional law, constitutional theory, history, political
science and sociology. The challenge for our time is considerable.
Global networks grow ever more sophisticated while territorial
borders, such as those in Eastern and Central Europe, become
seemingly more unstable. It is hoped that this book, by bringing
together areas of scholarship which have not communicated with one
another as much as they might, will help develop an ongoing
dialogue across disciplines with which better to understand these
challenging, and potentially destabilising, developments.
This book addresses a seemingly paradoxical situation. On the one
hand, nationalism from Scotland to the Ukraine remains a resilient
political dynamic, fostering secessionist movements below the level
of the state. On the other, the competence and capacity of states,
and indeed the coherence of nationalism as an ideology, are
increasingly challenged by patterns of globalisation in commerce,
cultural communication and constitutional authority beyond the
state. It is the aim of this book to shed light on the relationship
between these two processes, addressing why the political currency
of nationalism remains strong even when the salience of its
objective - independent and autonomous statehood - becomes ever
more attenuated. The book takes an interdisciplinary approach both
within law and beyond, with contributions from international law,
constitutional law, constitutional theory, history, political
science and sociology. The challenge for our time is considerable.
Global networks grow ever more sophisticated while territorial
borders, such as those in Eastern and Central Europe, become
seemingly more unstable. It is hoped that this book, by bringing
together areas of scholarship which have not communicated with one
another as much as they might, will help develop an ongoing
dialogue across disciplines with which better to understand these
challenging, and potentially destabilising, developments.
This book emerged from an extended seminar series held in Edinburgh
Law School which sought to explore the complex constitutional
arrangements of the European legal space as an inter-connected
mosaic. There has been much recent debate concerning the
constitutional future of Europe, focusing almost exclusively upon
the EU in the context of the (failed) Constitutional Treaty of
2003-5 and the subsequent Treatyof Lisbon. The premise of the book
is that this focus, while indispensable, offers only a partial
vision of the complex constitutional terrain of contemporary
Europe. In addition, it is essential to explore other threads of
normative authority within and across states, embracing internal
challenges to state-level constitutional regimes; the growing
jurisprudential assertiveness of the Council of Europe regime
through the ECHR and various democracy-building measures; as well
as Europe's ever thicker relations, both with its border regions
and with broader international institutions, especially those of
the United Nations. Together these developments create increasingly
dense networks of constitutional authority within the European
space. This fluid and multi-dimensional dynamic is difficult to
classify, and indeed may seem in many ways impenetrable, but that
makes the explanatory challenge all the more important and
pressing. Without this fuller picture it becomes impossible to
understand the legal context of Europe today or the prospects of
ongoing changes. The book brings together a range of experts in
law, legal theory and political science from across Europe in order
to address these complex issues and to supply illustrative
case-studies in the topical areas of the constitutionalisation of
European labour law and European criminal law.
How should political power be divided within and among national
peoples? Is the nineteenth-century theory of the sovereign and
unitary State still fit for purpose in the twenty-first century? If
not, can federalism provide a viable alternative model? This
collection looks at federalism from the perspective of
constitutional law. Taking the United Kingdom as a case study, Part
One tracks the historical evolution of the 'Union' and explores the
various expressions of federalism that emerged between the
eighteenth and twentieth centuries. Part Two then assesses the
experience of sovereignty-sharing with other nations in the context
of international cooperation. Drawing on the expertise of the
foremost commentators in their field, The United Kingdom and the
Federal Idea provides a timely and reflective evaluation of how
constitutional authority is being re-ordered within and beyond the
United Kingdom.
The use of referendums around the world has grown remarkably in the
past thirty years and, in particular, referendums are today
deployed more than ever in the settlement of constitutional
questions, even in countries with little or no tradition of direct
democracy. This is the first book by a constitutional theorist to
address the implications of this development for constitutional
democracy in a globalizing age, when many of the older certainties
surrounding sovereignty and constitutional authority are coming
under scrutiny. The book identifies four substantive constitutional
processes where the referendum is regularly used today: the
founding of new states; the creation or amendment of constitutions;
the establishment of complex new models of sub-state autonomy,
particularly in multinational states; and the transfer of sovereign
powers from European states to the European Union. The book, as a
study in constitutional theory, addresses the challenges this
phenomenon poses not only for particular constitutional orders,
which are typically structured around a representative model of
democracy, but for constitutional theory more broadly. The main
theoretical focus of the book is the relationship between the
referendum and democracy. It addresses the standard criticisms
which the referendum is subjected to by democratic theorists and
deploys both civic republican theory and the recent turn in
deliberative democracy to ask whether by good process-design the
constitutional referendum is capable of facilitating the engagement
of citizens in deliberative acts of constitution-making. With the
referendum firmly established as a fixture of contemporary
constitutionalism, the book addresses the key question for
constitutional theorists and practitioners of how might its
operation be made more democratic in age of constitutional
transformation.
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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