Constitutionalism and the Politics of Accommodation in Multinational Democracies

238 Pages·2014·1.14 MB·English

by  Jaime Lluch (eds.)

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Constitutionalism and the
Politics of Accommodation
in Multinational
Democracies
Edited by
Jaime Lluch
Fellow, Democracy, Citizenship, and Constitutionalism Program,
University of Pennsylvania, USA
Professor of Political Science, University of Puerto Rico, USA
In Association with St Antony’s College, Oxford
Editorial matter, selection and introduction © Jaime Lluch 2014
Remaining chapters © Respective authors 2014
Softcover reprint of the hardcover 1st edition 2014 978-1-137-28898-1
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Library of Congress Cataloging-in-Publication Data
Constitutionalism and the politics of accommodation in multinational
democracies / edited by Jaime Lluch, University of Pennsylvania, USA.
pages cm. — (St. Anthony’s series)
1. Multinational states—Case studies. 2. Democracy—Case studies.
3. Federal government—Case studies. 4. Separatist movements—
Case studies. I. Lluch, Jaime, author, editor of contribution.
JC311.C6448 2014
320.4'049—dc23 2014022094
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Contents
List of Figure and Tables vii
Preface viii
Acknowledgments xi
List of Contributors xii
Introduction: The Multiple Dimensions of the Politics of
Accommodation in Multinational Democracies 1
Jaime Lluch
Part I Constitutionalism and the Accommodation of
National Diversity
1 Varieties of Territorial Pluralism: Prospects for the
Constitutional and Political Accommodation of
Puerto Rico in the USA 21
Jaime Lluch
2 (Mis)recognition in Catalunya and Quebec: The Politics of
Judicial Containment 46
Elisenda Casanas Adam and François Rocher
3 The Limits of Constitutionalism: Politics, Economics, and
Secessionism in Catalonia (2006–2013) 70
Hèctor López Bofill
Part II The Multiple Dimensions of the Politics of
Accommodation in Multinational Polities
4 The Accommodation of Island Autonomies in
Multinational States 87
Eve Hepburn
5 From Autonomism to Independentism: The Growth of
Secessionism in Catalonia (2010–2013) 108
Jordi Argelaguet
6 The Multilevel Politics of Accommodation and the
Non-Constitutional Moment: Lessons from Corsica 132
André Fazi
v
vi Contents
Part III Constitutionalism and the Practice of Autonomism,
Federalism, and Devolution
7 Flexible Accommodation: Another Case of British
Exceptionalism? 159
Stephen Tierney
8 Italy: Autonomism, Decentralization, Federalism,
or What Else? 180
Francesco Palermo and Alice Valdesalici
9 Autonomous Areas as a Constitutional Feature in the
People’s Republic of China and Finland 200
Markku Suksi
Index 223
List of Figure and Tables
Figure
9.1 Various autonomy positions 219
Tables
5.1 C onstitutional preferences of the relationships between
Catalonia and Spain according to Centre d’Estudis
d’Opinió surveys (2006–2013) 111
5.2 S ubjective national identity in Catalonia (1979–2013) 113
5.3 E volution of the options about Catalan independence 120
5.4 S ocio-political variables and the referendum on
independence (1) 121
5.5 S ocio-political variables and the referendum on
independence (2) 123
5.6 S ocio-political variables and the referendum on
independence (3) 125
6.1 N ationalist parties and elections in Corsica (1982–2012) 141
6.2 P olitical equilibrium in Corsica: regional elections
(1982–2010) 142
6.3 P rincipal state policy periods and the politics of
accommodation in Corsica 145
vii
Preface
This volume had its genesis in a two-day conference I organized on
16–17 June 2011 at the European Studies Centre, St Antony’s College,
University of Oxford, while I was the Santander Fellow in Iberian and
European Studies. The conference was co-sponsored by the Centre for
International Studies of the Department of Politics and International
Relations at Oxford, thanks to the support of Professor Kalypso
Nicolaïdis.
The conference was on the “Politics of Accommodation in
Multinational Democracies.” We had the good fortune of having
Brendan O’Leary of the University of Pennsylvania as keynote speaker,
speaking on power-sharing systems. The participants in the conference
included Francesco Palermo, Stephen Tierney, François Rocher, Elisenda
Casanas Adam, André Fazi, Montserrat Guibernau, Xavier Arbós, José
María Sauca, Enric Martínez, Héctor Luis Acevedo, and Gwendolyn
Sasse.
The conference aimed to be interdisciplinary, bringing together
comparative politics and comparative constitutional law. The follow-
ing were the core questions that guided all the participants at the St
Antony’s College 2011 conference, and the chapters in this volume
echo these themes as well:
1. How can we build a fruitful and genuine interdisciplinary dialogue
between comparative politics and comparative constitutional law to
address the politics of accommodation?
2. How can we unpack the notion of “accommodation?” What are its
component parts? Can we measure it, or develop clear criteria for
assessing when “accommodation” has been successful?
3. What is the role of constitutionalism in facilitating “accommodation?”
4. If constitutions can constitute the very demos by projecting a
vision of the nature of the political community that governs itself
under the constitutional regime, how can we devise a constitutional
regime that is plural, tolerant, and inclusive?
5. What is the role of political culture in facilitating “accommoda-
tion?” Can the traditions and ideologies that have influenced a
country’s political culture – with respect to the tolerance for cul-
tural, ethnic, racial, national, and cultural diversity – influence the
viii
Preface ix
degree to which it may be able to accommodate substate national
societies?
6. Related to the issue of political culture, how can we “federalize soci-
ety?” How can we make citizens, political parties, civic associations,
and political institutions in a plurinational state more open to the
values of a plural, inclusive, and open federalism?
7. In the case of formerly unitary states that are in a process of federal-
izing their model of state (e.g., Spain or Italy), how can their socie-
ties be correspondingly “federalized?”
8. Does our common understanding regarding the unitary and uni-
dimensional nature of citizenship, which has been uniform in
state-building processes, represent a form of constitutional self-
understanding that needs to be reformulated, in order to devise
novel institutional forms of accommodation?
9. How does accommodation as a constitutional strategy vary in
states that practice territorial pluralism (Canada, Spain, etc.) and
states that use a hybrid strategy of liberal integrationism and mul-
ticultural accommodation (the USA), and those states that practice
republican integrationism (France, Turkey, etc.)?
10. How can a culture of dialogue and mutual accommodation be con-
structed between state (majority nation) nationalism and substate
(minority nation) nationalism?
11. Can the central state accommodate new proposals for more
autonomism, or greater self-government as a constituent unit of a
federation?
12. How can we encourage forms of substate nationalism that are
open to working with the central state and finding formulas for
accommodation?
13. What are the varieties of independentist parties in substate national
movements and what do they really seek? Similarly, what are the
varieties of autonomist and federalist parties?
14. Do substate national movements respond in a mechanistic and
deterministic way to economic and material conditions, or do they
also follow a “political logic” that does not always exhibit instru-
mental rationality?
Whether or not they originated as contributions made at the con-
ference, all the chapters are new and written specifically for this
book. Given that the 2011 conference was organized while I was the
Santander Fellow at St Antony’s, it had a strong emphasis on the conun-
drums facing contemporary Spain as it tries to accommodate its internal