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

by Javier Garcia Oliva, Helen Hall

Overview

In Constitutional Culture, Independence, and Rights, Javier García Oliva and Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations that 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 it 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 no objectively optimal approach in 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 it addresses what the consequences of constitutional paradigm shifts might be for individuals. Constitutional culture is a complex web of interconnected understandings and behaviours, and the vibrations from shaking or cutting a fundamental strand will be felt throughout the structure.

Product Details

ISBN-13:	9781487505486
Publisher:	University of Toronto Press
Publication date:	05/30/2023
Pages:	354
Product dimensions:	6.25(w) x 9.25(h) x 1.00(d)
Age Range:	18 Years

About the Author

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.

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

What People are Saying About This

Guillaume Rousseau

"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."

Ana Carmona Contreras

"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."

Alejandro Torres Gutiérrez

"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."

Editorial Reviews

"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 Gutiérrez, Full Professor of Constitutional Law, Public University of Navarra

From the Publisher