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The Paradox of ConstitutionalismConstituent Power and Constitutional Form$
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Martin Loughlin and Neil Walker

Print publication date: 2008

Print ISBN-13: 9780199552207

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199552207.001.0001

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‘We the Peoples’: Constituent Power and Constitutionalism in Plurinational States

‘We the Peoples’: Constituent Power and Constitutionalism in Plurinational States

(p.229) 12 ‘We the Peoples’: Constituent Power and Constitutionalism in Plurinational States
The Paradox of Constitutionalism

Stephen Tierney

Oxford University Press

This chapter addresses the challenge to state authority from the perspective of sub-state nationalism. It develops the argument in relation to such ‘plurinational’ states as Belgium, Canada, Spain, and the United Kingdom, and asks how sub-national movements might find constitutional voice, whether such voice is likely to affirm or compromise their ‘constituent’ autonomy, and, more generally, whether and in what circumstances the relationship between the constituent potential of sub-state and state demoi might be conceived in either zero-sum or positive-sum terms.

Keywords:   plurinational states, sub-state nationalism, Belgium, Canada, Spain, United Kingdom, constituent power, constitutionalism

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