Imagined communities: Reflections on the origin and spread of nationalism

These two ambitious volumes from one of the world's most celebrated political philosophers present a new kind of political and legal theory that James Tully calls a public philosophy, and a complementary new way of thinking about active citizenship, called civic freedom. Professor Tully takes the reader step-by-step through the principal debates in political theory and the major types of political struggle today. These volumes represent a genuine landmark in political theory. In this second volume, Professor Tully studies networks and civic struggles over global or imperial relations of inequality, dependency, exploitation and environmental degradation beyond the state. The final chapter brings all of the author's resonant themes together in a new way of thinking about global and local citizenship, and of political theory in relation to it. This forms a powerful conclusion to a major intervention from a vital and distinctive voice in contemporary thought.

Public philosophy in a new key

Machiavellian Democracy: Abbreviations for Machiavelli's Writings

In many western democracies today, there are calls to strengthen a sense of common citizenship as a way of building ‘social cohesion’ in increasingly diverse societies. Citizenship is to be promoted by, amongst other things, adding or strengthening citizenship education in schools, providing citizenship classes to immigrants, imposing new citizenship tests for naturalization, and holding citizenship ceremonies. In this article, I will examine this new citizenship agenda in the specific case of ‘multination’ states — that is, in states that have restructured themselves to accommodate significant sub-state nationalist movements, usually through some form of territorial devolution, consociational power-sharing, and/or official language status. What does it mean to promote a sense of common citizenship in multination states, and how does the new immigration-focused citizenship agenda relate to older debates on multinationalism? I will argue that in the particular context of multination states, these new citiz...

Multicultural citizenship within multination states

Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. By considering the extent to which a coherent body of common evidentiary standards is being developed in both domestic and international jurisprudence, John Jackson and Sarah Summers chart this development with particular reference to the jurisprudence on the right to a fair trial that has emerged from the European Court of Human Rights and to the attempts in the new international criminal tribunals to fashion agreed approaches towards the regulation of evidence.

The Internationalisation of Criminal Evidence: Beyond the Common Law and Civil Law Traditions

1. Introduction 2. Beyond Representation: Constitutional Referendums and Deliberative Democracy 3. Framing 'the People': Constitutional Referendums and the Demos Question 4. Elite Control and the Referendum Process 5. Control and Constitutional Referendums: Internal Sovereignty 6. Control and Constitutional Referendums: External Influences 7. Participation in Constitutional Referendums 8. Framing the Substantive Issue in Constitutional Referendums 9. Referendums and Constitutional Decision-Making 10. Conclusions

Book Review/Response: Constitutional Referendums: The Theory and Practice of Republican Deliberation

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

Constitutional law and national pluralism

Constitutional Referendums: The Theory and Practice of Republican Deliberation

Over the past 30 years, sub-state national societies in a number of developed liberal democracies—particularly Quebec, Catalonia, and Scotland within Canada, Spain, and the United Kingdom respectively—have both reasserted their national distinctiveness and demanded recognition of it in constitutional terms.1 This re-emergence of sub-state national sentiment within industrially advanced States, and the struggle for constitutional change which has accompanied it, are considered by many observers to be strangely incongruous at a time of economic and cultural ‘globalization’ where the power of the nation- State itself seems to be waning.2 Why do sub-state nations, the common refrain asks, seek statehood when the very concept of State sovereignty is losing its meaning? This article will argue, however, that the rise of sub-state nationalism even at a time when the resilience of State sovereignty is itself coming into question, is in fact not as paradoxical as it might at first appear, at least insofar as this process is taking place within developed democracies.3 It will be contended that the elaborate constitutional programmes which are now beingadvanced by sub-state nationalist movements for the reform of their respective host States are inmany respects informed by, and reflective of, wider transformations in the patterns of State sovereignty.

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Reframing Sovereignty: Sub-State National Societies and Contemporary Challenges to the Nation-State

In recent decades the use of referendums to settle major constitutional questions has increased dramatically. Addressing this phenomenon as a case study in the relationship between democracy and constitutional sovereignty, this article has two aims. The first is to argue that these constitutional referendums are categorically different from ordinary, legislative referendums, and that this has important implications for theories of constitutional sovereignty. Secondly, the article suggests that the power of these constitutional referendums to re-order sovereign relations raises significant normative questions surrounding the appropriateness of their use. The article engages with these normative questions, enquiring whether the recent turn in republican political theory towards deliberative democracy may offer a model through which sufficiently democratic referendum processes can be constructed.

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Stephen Tierney

Papers

Book Review/Response: Constitutional Referendums: The Theory and Practice of Republican Deliberation

Constitutional law and national pluralism

Constitutional Referendums: The Theory and Practice of Republican Deliberation

Reframing Sovereignty: Sub-State National Societies and Contemporary Challenges to the Nation-State

Constitutional Referendums: A Theoretical Enquiry