The Legitimacy Clash: Challenges to Democracy in Multinational States

by Alain-G Gagnon

Overview

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 and the United Kingdom, Catalonia and Spain, and the Quebec-Canada dynamic, along with relations between Indigenous peoples and various levels 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.

Product Details

ISBN-13:	9781487547547
Publisher:	University of Toronto Press
Publication date:	11/23/2022
Pages:	216
Product dimensions:	6.25(w) x 9.25(h) x 0.65(d)
Age Range:	18 Years

About the Author

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.

Table of Contents

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

What People are Saying About This

Francesco Palermo

"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."

Peter Bußjäger

"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."

Stephen Tierney

"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."

Editorial Reviews

" 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 Bußjäger, Professor of Law, University of Innsbruck and Judge of the Constitutional Court of the Principality of Liechtenstein

"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 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

From the Publisher