Constitutional Culture, Independence, and Rights: Insights from Quebec, Scotland, and Catalonia

Author:   Javier Garcia Oliva ,  Helen Hall
Publisher:   University of Toronto Press
ISBN:  

9781487505486


Pages:   354
Publication Date:   30 May 2023
Format:   Hardback
Availability:   Temporarily unavailable   Availability explained
The supplier advises that this item is temporarily unavailable. It will be ordered for you and placed on backorder. Once it does come back in stock, we will ship it out to you.

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Constitutional Culture, Independence, and Rights: Insights from Quebec, Scotland, and Catalonia


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Overview

"In the context of real-world dilemmas, Constitutional Culture, Independence, and Rights explores fundamental questions about the purpose and nature of constitutions, states, and nations. In Constitutional Culture, Independence, and Rights, Javier García Oliva and Helen Hall coin the term ""constitutional culture"" to encapsulate the collective rules and expectations which govern the collective life within a jurisdiction. Significantly, these shared norms have both legal and social elements, including matters as diverse as standards of parenting, the modus operandi of police officers, and taboos around sexuality. Using Quebec, Scotland, and Catalonia as case studies, the book delves into what these constitutional battles mean for the rights, identity, and needs of everyday people, and powerfully demonstrates why the hypothetical future independence of these regions would have far reaching practical consequences, beyond the realm of political structures and academic theory. The book does not present a magic bullet to resolve debates around independence, this is not its purpose, and the text in fact demonstrates why there is objectively optimal approach to any or all contexts. Instead, it seeks to shed light on aspects of these situations often overlooked in discussions around the fate of nations, and addresses what the consequences of constitutional paradigm shifts might be for individuals. Constitutional Culture is a complex web of interconnected understandings and behaviours, the vibrations from shaking or cutting a fundamental strand will be felt throughout the structure."

Full Product Details

Author:   Javier Garcia Oliva ,  Helen Hall
Publisher:   University of Toronto Press
Imprint:   University of Toronto Press
Dimensions:   Width: 15.90cm , Height: 2.50cm , Length: 23.50cm
Weight:   0.640kg
ISBN:  

9781487505486


ISBN 10:   1487505485
Pages:   354
Publication Date:   30 May 2023
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Temporarily unavailable   Availability explained
The supplier advises that this item is temporarily unavailable. It will be ordered for you and placed on backorder. Once it does come back in stock, we will ship it out to you.

Table of Contents

Introduction 1. Constitutions and Constitutional Culture Roadmap for Chapter 1 What Is a Constitution in Legal Terms Constitutional Frameworks and the Concept of Constitutional Culture Conclusion: The Relevance of Constitutional Culture for Our Study 2. The Historical Evolution of Constitutional Culture Introduction Scotland and the United Kingdom Spain and Catalonia Quebec and Canada Conclusion: A Meeting of the Ways 3. Contemporary Constitutional Frameworks and Culture Introduction Scotland and the United Kingdom Spain and Catalonia: Overview and Territorial Structure Quebec and Canada: Regulation of Powers Conclusion 4. Constitutional Culture and Rights Introduction Methodology Children’s Rights Language and Education Religion Rights Relating to Gender and Sexuality Conclusion 5. Constitutional Culture: Legal Ecosystems and Basic Rights Introduction Constitutional Culture and Legal Ecosystems Basic Rights and Sovereignty Dual Considerations: Sovereignty and Legal Ecosystems Rebalancing of Priorities: Winners and Losers Rejecting Stasis Conclusion Conclusion Index

Reviews

Clearly written, Constitutional Culture, Independence, and Rights is suggestive, objective, and logically argued. This clarity is a valuable feature in a book that focuses on controversial topics such as secession and national identities. - Alejandro Torres Gutierrez, Full Professor of Constitutional Law, Public University of Navarra The political and constitutional situations in Catalonia, Scotland, and Quebec are hotly debated topics. In that context, by drawing on the concept of constitutional culture, this book provides a very useful and insightful analysis that will please not only constitutional lawyers and political scientists but also journalists and commentators. - Guillaume Rousseau, Full Professor in the Faculty of Law, University of Sherbrooke This highly suggestive book addresses the thorny issue of secession from a novel perspective. Secessionist aspirations in Quebec, Scotland, and Catalonia are analysed in terms of 'constitutional culture, ' a concept that is understood in a broad and comprehensive way. The result is a truly brilliant work that, in the face of the independence issue in distinct institutional contexts, proposes to focus attention on the specific values that can be effectively shared in each of these constitutional cultures. - Ana Carmona Contreras, Professor of Constitutional Law, University of Seville


"""This highly suggestive book addresses the thorny issue of secession from a novel perspective. Secessionist aspirations in Quebec, Scotland, and Catalonia are analysed in terms of 'constitutional culture, ' a concept that is understood in a broad and comprehensive way. The result is a truly brilliant work that, in the face of the independence issue in distinct institutional contexts, proposes to focus attention on the specific values that can be effectively shared in each of these constitutional cultures."" --Ana Carmona Contreras, Professor of Constitutional Law, University of Seville ""The political and constitutional situations in Catalonia, Scotland, and Quebec are hotly debated topics. In that context, by drawing on the concept of constitutional culture, this book provides a very useful and insightful analysis that will please not only constitutional lawyers and political scientists but also journalists and commentators."" --Guillaume Rousseau, Full Professor in the Faculty of Law, University of Sherbrooke ""Clearly written, Constitutional Culture, Independence, and Rights is suggestive, objective, and logically argued. This clarity is a valuable feature in a book that focuses on controversial topics such as secession and national identities."" --Alejandro Torres Guti�rrez, Full Professor of Constitutional Law, Public University of Navarra"


"""Clearly written, Constitutional Culture, Independence, and Rights is suggestive, objective, and logically argued. This clarity is a valuable feature in a book that focuses on controversial topics such as secession and national identities."" - Alejandro Torres Gutiérrez, Full Professor of Constitutional Law, Public University of Navarra ""The political and constitutional situations in Catalonia, Scotland, and Quebec are hotly debated topics. In that context, by drawing on the concept of constitutional culture, this book provides a very useful and insightful analysis that will please not only constitutional lawyers and political scientists but also journalists and commentators."" - Guillaume Rousseau, Full Professor in the Faculty of Law, University of Sherbrooke ""This highly suggestive book addresses the thorny issue of secession from a novel perspective. Secessionist aspirations in Quebec, Scotland, and Catalonia are analysed in terms of 'constitutional culture, ' a concept that is understood in a broad and comprehensive way. The result is a truly brilliant work that, in the face of the independence issue in distinct institutional contexts, proposes to focus attention on the specific values that can be effectively shared in each of these constitutional cultures."" - Ana Carmona Contreras, Professor of Constitutional Law, University of Seville"


Author Information

Javier García Oliva is a professor of law at the University of Manchester. Helen Hall is a solicitor, an Anglican priest, and an associate professor of law at Nottingham Trent University.

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