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Produces a clear and original edited volume on the strategies of secession and counter-secession.
Defensive Federalism presents an original contribution to the field of federalism and multinational democracies, exploring the concept of defensive federalism as a protection of self- government against the "tyranny of the majority". The empirical evidence on federal and regional polities often shows critical imbalances in the territorial division of powers beyond what has been formally established in the constitutional rules. This volume highlights the rights, institutions, decision- making processes and procedural rules that can protect and develop the practical political, economic and cultural powers of federated and regional entities, especially those linked to territorial national minor...
Multicultural Citizenship: Legacy and Critique allows the philosopher an opportunity to consider the evolution and transformation of Will Kymlicka’s theories from Multicultural Citizenship: A Liberal Theory of Minority Rights. Canonical in the field of multiculturalism, Will Kymlicka’s work developed an original way of recognizing and accommodating ethnic groups and national minorities through liberal democratic principles. This new volume brings together expert scholars to evaluate the impact of Kymlicka’s book on their own views and the field’s general progression over the past three decades and brings Kymlicka to face new questions challenging multiculturalism and re-evaluate the ...
Using the developments in key multinational states, including the United Kingdom, Spain, Belgium, and the United States, this book explores both the impact of the pandemic on nationalism and the broader multinational state as well as the significance of multinationalism for the response to the pandemic. Exogenous forces have the potential to significantly impact the shape and dynamics of multinational democracies. The Covid-19 pandemic is one such powerful exogenous force. The chapters in this edited volume, therefore, investigate the following questions: (1) How has multinationalism shaped the response to the crisis? (2) How has the crisis affected the self-determination objectives and stra...
Catalonia: A New Independent State in Europe examines the main issues of the political process which is taking place in Catalonia today. The political confrontation between the Spanish and Catalan institutions has now reached the international arena, especially the debates concerning international recognition of a new Catalan state and its membership of the European Union (EU) and other international institutions. There are no precedents for the secession of a region from an EU member country that could be applied to the case of Catalonia. Therefore, it is not surprising that the world has many unanswered question about the process. This volume aims to provide answers to many of these questi...
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 con...
'Wall to Wall: Law as Culture in Latin America and Spain' comprises interventions from a wide array of scholars based in the US, Spain, and Latin America, exploring the encounter of Hispanophone cultures and the law. Its contributors delineate a fraught relationship of complicity, negotiation, and outright confrontation covering five centuries and a truly global landscape, from Inquisitorial processes at the onset of the Spanish Empire to last-ditch plans to preserve it in the 19th century Philippines, to the challenges to contemporary articulations of the nation-state in Catalonia. Beyond single, specialized time-period and national cultures, 'Wall to Wall' embraces and showcases the hetero...
This informative book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law.
This compilation, The Making and Ending of Federalism, includes the main topics addressed by recognized experts on federalism at the Conference of the International Association of Federal Studies (IACFS) held in Innsbruck, Austria, on 28-30 October 2021. It analyzes how federal and quasi-federal systems are created and if there are common patterns or certain conditions that promote the emergence or the demise of federal systems, including case studies from Brazil, Spain, and Italy.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations. In Shared Rule in Federal Theory and Practice, Sean Mueller provides a new, in-depth treatment of shared rule, a crucial but so far largely neglected dimension of federalism and multilevel governance. He discusses shared rule's conceptual evolution and defines three different meanings commonly ascribed to it: shared rule as horizontal cooperation, centralization, or bottom-up influence seeking. An original expert survey conducted among 38 federalism scholars in 11 c...