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The Legitimacy Clash

Challenges to Democracy in Multinational States

Alain-G. Gagnon

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English
University of Toronto Press
23 November 2022
This book explores the structural political imbalances that exist within complex democratic federations.

In the coming decade, we may see the advent of multinational federalism on an international scale. As great powers and international organizations become increasingly uncomfortable with the creation of new states, multinational federalism is now an important avenue to explore, and in recent decades the experiences of Canada and Quebec have had a key influence on the approaches taken to manage national and community diversity around the world.

Drawing on comparative scholarship and several key case studies (including Scotland, Catalonia, Quebec, and interactions between Indigenous peoples and various orders of government) The Legitimacy Clash takes a fresh look at the relationship between majorities and minorities while exploring theoretical advances in both federal studies and contemporary nationalisms. Alain-G. Gagnon critically examines the prospects and potential for a multinational federal state, specifically for nations seeking affirmation in a hostile context. The Legitimacy Clash reflects on the importance of legitimacy over legality in assessing the conflicts of claims.

By:  
Imprint:   University of Toronto Press
Country of Publication:   Canada
Dimensions:   Height: 229mm,  Width: 152mm,  Spine: 13mm
Weight:   300g
ISBN:   9781487547554
ISBN 10:   1487547552
Pages:   216
Publication Date:  
Audience:   College/higher education ,  Professional and scholarly ,  Primary ,  Undergraduate
Format:   Paperback
Publisher's Status:   Active
Introduction Contribution to the Field of Knowledge Overview of the Book 1. Laying the Groundwork: Legality, Legitimacy, Fair Democracy Nation-Building The Essential Conditions for Political Stability A Fair Democracy Redefining Markers Some Conceptual Clarifications 2. Foundations of and Changes to the Federal Project in Canada The Canadian National Project The Main “National” Policies The Centralization of Power 3. Conceptual Advances in Multinationality and the Definition of Shared Sovereignty From Territorial Federalism to Multinational Federalism The Key Federal Traditions Pactism, or Treaty-Based Federalism Quebec and the First Peoples 4. The Canadian Political Order and Constitutional Nationalism Competing Historical Narratives Constitutional Patriotism Constitutional Deliberation Deliberative Constitutionalism 5. Diversity in Advanced Liberal Democracies The Concept of Diversity Diversity as a Primary Characteristic of Modern Societies The Danger of Being Blind to Deep Diversity Reclaiming the Spirit of Ancient Constitutionalism and Advancing an Authentic Federal Project 6. The International Context and the All-Important Question of Rights From the Yalta Conference to the Fall of the Berlin Wall From the Collapse of the Soviet Union to the Failure of the Nationalitary Project in Spain Rights of National Minorities, Minority Nations, and First Peoples The Rise of the Majority  7. Multinational Federalism: Challenges, Shortcomings and Promises Multinational Federalism: A Definition Nation-Building Processes Adopting a Multinational Federalism Stance: A Pressing Need Conclusion Legitimacy Aspirations and Constraints Thinking Outside the Box Rethinking Constitutional Arrangements Contestation and Resistance Adhering to a Living Constitution Epilogue: On Future Horizons Bibliography

Alain-G. Gagnon is Canada Research Chair in Quebec and Canadian Studies and professor in the Department of Political Science at the Université du Québec à Montréal.

Reviews for The Legitimacy Clash: Challenges to Democracy in Multinational States

The Legitimacy Clash brings together Alain-G. Gagnon's reflections over many decades on the nature of, and future for, multinational federalism. Drawing upon his unparalleled experience of Canada-Quebec relations, and embedded in a deep knowledge of comparative cases, Gagnon offers us a road map of principles and practice not only for Canada but for all multinational constitutions. This rich and engaging book is a highly significant intervention at a crucial time for diverse and complex polities. - Stephen Tierney, Professor of Constitutional Theory, University of Edinburgh The Legitimacy Clash sheds light on the role of Indigenous peoples and ethnic minorities in federal countries. Alain-G. Gagnon's concept of a multinational federalism is forward looking. - Peter Bussjager, Professor of Law, University of Innsbruck and Judge of the Constitutional Court of the Principality of Liechtenstein The recognition and empowerment of nations in plurinational states requires that legality and legitimacy do not clash. And yet they often do, especially in the Western world. How should they be reconciled and what are the ingredients of a workable multinational federation? In this thought-provoking book, Alain-G. Gagnon completes his fascinating, life-long architecture of multinational federalism. - Francesco Palermo, Professor of Comparative Public Law, University of Verona and Director of the Institute for Comparative Federalism, Eurac Research


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