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ID:
111574
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| Publication |
2012.
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| Summary/Abstract |
The article tackles some of the questions that arise from the invocation of "the people" in independence referendums in a contextualized way by examining the constitutional experience of two independence referendums: Quebec's unsuccessful independence referendum in 1995 and Montenegro's successful one in 2006. I argue that democratic theory does not presuppose the unified people as a decision-making unit, but rather that it conceals two, more logically primitive-and to an extent conflicted-general conceptions relevant to independence referendums. While not arbitrating between them, the concluding part argues that the tension in democratic theory ought to, at a minimum, contribute to reducing the vehemence of nationalist politics involved in attempts to achieve political independence.
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| 2 |
ID:
148285
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| Summary/Abstract |
In starting from the simple question, ‘Why didn’t the field of constitutional studies ever generate a school of thought akin to TWAIL?’, this article seeks to sketch the contours, obstacles and promises of Southern constitutionalism. In confronting the intra-, meta-, and extra-disciplinary challenges to such a project, the article defines the ‘South’ of Southern constitutionalism, not the ‘South’ of the developed ‘North’, but rather the ‘South’ of the modernist hopes in – and the post-modernist disappointments with – the templates of Western constitutional imagination.
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