Chapter

Federal Constitutionalism II: Evaluating and Justifying Options for Federal Design

Wayne Norman

in Negotiating Nationalism

Published in print May 2006 | ISBN: 9780198293354
Published online September 2006 | e-ISBN: 9780191604126 | DOI: http://dx.doi.org/10.1093/0198293356.003.0005
Federal Constitutionalism II: Evaluating and Justifying Options for Federal Design

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This chapter examines the principles that liberal democrats, including liberal nationalists, should use when choosing between the constitutional and federal options discussed in the preceding chapter. Instead of envisaging a completely novel set of principles for multinational federal constitutionalism, it explores the normative resources available in some of the major theories typically used in uni-national states, including ‘classical’, ‘deliberative’, and ‘consequentialist’ theories of democracy; and ‘classical’ and ‘contractualist’ theories of constitutionalism. It argues for seven principles of recognition that would be appropriate for justifying certain design features in a multinational federal constitution.

Keywords: federal theory; democratic theory; liberalism; institutional design; recognition; self-determination; contractualism; social contract

Chapter.  13996 words. 

Subjects: Political Theory

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