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Constitutional Law and Regionalism

A Comparative Analysis of Regionalist Negotiations

Vito Breda

This topical book analyses the practice of negotiating constitutional demands by regional and dispersed national minorities in eight multinational systems. It considers the practices of cooperation and litigation between minority groups and central institutions in Australia, Britain, Canada, New Zealand, Italy, Spain, and the U.S. and includes an evaluation of the implications of the recent Catalan, Puerto Rican and Scottish referenda. Ultimately, the author shows that a flexible constitution combined with a versatile constitutional jurisprudence tends to foster institutional cooperation and the recognition of the pluralistic nature of modern states
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Vito Breda

This book would not have been possible without the generous sponsorship of the University of Edinburgh’s MacCormick Fellowship programme. I must thank Professor Stephen Tierney for his unparalleled support during the MacCormick Fellowship. I also owe thanks to the Australian National University Centre for European Studies and to its director, Professor Jacqueline Lo, for her continuous support. I am particularly grateful to the Washington and Lee University School of Law, the University of Deusto, the Pontifical University in Madrid and the University of Brescia. Much of the material in this book was presented in those institutions. I owe a debt of gratitude to Professor Iñigo Navarro, Professor Luis Gordillo and Professor Luca Passanante for their support and friendship. Finally, I must express my gratitude to the University of Southern Queensland for allocating me the time to travel. This has been a long project, and I am deeply grateful to my publisher, Edward Elgar, and their wonderful staff for their help, kindness and, above all, patience.

Parts of Chapter 1 appeared in different forms in a chapter entitled ‘An Odd Partnership: Identity-Based Constitutional Claims’, in F. Jenkins, M. Nolan and K. Rubenstein (eds), Allegiance and Identity in a Globalised World (Cambridge University Press 2014). I am indebted to Professors Jenkins, Nolan and Rubenstein and Cambridge University Press’s anonymous referees for their invaluable feedback. The author and the publisher would like to thank Cambridge University Press for the permission to reprint extracts from the chapter. As per usual, all errors are my own.

Finally, I would like to thank Stefania Morandini for patiently and diligently reading my work. Without her, this book would never have been completed.

Vito Breda

January 2017