Accommodating National Identity

Accommodating National Identity
Author: Stephen Tierney
Publisher: BRILL
Total Pages: 308
Release: 2021-10-18
Genre: Law
ISBN: 900447868X

This collection of essays brings together international lawyers with their perspectives on how the international community has coped with contemporary cases of nationalist crisis and constitutional lawyers from states which are attempting to facilitate the political expression of national identity through developments in federalism, devolution, and the protection of minority rights. The aim is to explore to what extent existing legal mechanisms permit a flexible engagement with, and accommodation of, the aspirations of national and ethnic groups. It would appear that a heightened level of fluidity in the interaction and exchange of normative standards now exists in the relationship between international and domestic law as both types of system confront the challenge which national identity continues to constitute. As this process marks a renewed preparedness on the part of legal systems to expand imaginatively to meet current problems it is hoped that this collection will highlight opportunities for an ongoing process of development in this complex and troubled area.

Accommodating Cultural Diversity

Accommodating Cultural Diversity
Author: Stephen Tierney
Publisher: Routledge
Total Pages: 256
Release: 2016-03-23
Genre: Law
ISBN: 1317185919

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.

Citizenship and National Identity

Citizenship and National Identity
Author: David l. Miller
Publisher: John Wiley & Sons
Total Pages: 340
Release: 2013-05-31
Genre: Political Science
ISBN: 0745667937

A good political community is one whose citizens are actively engaged in deciding their common future together. Bound together by ties of national solidarity, they discover and implement principles of justice that all can share, and in doing so they respect the separate identities of minority groups within the community. In the essays collected in this book, David Miller shows that such an ideal is not only desirable, but feasible. He explains how active citizenship on the republican model differs from liberal citizenship, and why it serves disadvantaged groups better than currently fashionable forms of identity politics. By deliberating freely with one another, citizens can reach decisions on matters of public policy that are both rational and fair. He couples this with a robust defence of the principle of nationality, arguing that a shared national identity is necessary to motivate citizens to work together in the name of justice. Attempts to create transnational forms of citizenship, in Europe and elsewhere, are therefore misguided. He shows that the principle of nationality can accommodate the demands of minority nations, and does not lead to a secessionist free-for-all. And finally he demonstrates that national self-determination need not be achieved at the expense of global justice. This is a powerful statement from a leading political theorist that not only extends our understanding of citizenship, nationality and deliberative democracy, but engages with current political debates about identity politics, minority nationalisms and European integration.

National Identity in EU Law

National Identity in EU Law
Author: Elke Cloots
Publisher: OUP Oxford
Total Pages: 651
Release: 2015-02-12
Genre: Law
ISBN: 0191053503

Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.

National Identity in EU Law

National Identity in EU Law
Author: Elke Cloots
Publisher:
Total Pages: 401
Release: 2015
Genre: Law
ISBN: 0198733763

With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.

Accommodating Diversity in Multilevel Constitutional Orders

Accommodating Diversity in Multilevel Constitutional Orders
Author: Maja Sahadžić
Publisher: Taylor & Francis
Total Pages: 262
Release: 2023-07-19
Genre: Law
ISBN: 1000909492

This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

National Identity, Popular Culture and Everyday Life

National Identity, Popular Culture and Everyday Life
Author: Tim Edensor
Publisher: Routledge
Total Pages: 224
Release: 2020-06-15
Genre: Social Science
ISBN: 100018367X

The Millennium Dome, Braveheart and Rolls Royce cars. How do cultural icons reproduce and transform a sense of national identity? How does national identity vary across time and space, how is it contested, and what has been the impact of globalization upon national identity and culture?This book examines how national identity is represented, performed, spatialized and materialized through popular culture and in everyday life. National identity is revealed to be inherent in the things we often take for granted - from landscapes and eating habits, to tourism, cinema and music. Our specific experience of car ownership and motoring can enhance a sense of belonging, whilst Hollywood blockbusters and national exhibitions provide contexts for the ongoing, and often contested, process of national identity formation. These and a wealth of other cultural forms and practices are explored, with examples drawn from Scotland, the UK as a whole, India and Mauritius. This book addresses the considerable neglect of popular cultures in recent studies of nationalism and contributes to debates on the relationship between ‘high' and ‘low' culture.