An Austrian Solution for Canada? Problems and Possibilities of National Cultural Autonomy

Nieguth, Tim

doi:10.1017/s0008423909090015

Cited by 15 publications

(5 citation statements)

References 5 publications

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“…8 More speculative publications have suggested that NTA-inspired solutions may break impasses in instances of prolonged (sometimes seemingly intractable) inter-ethnic discord. Proposals have related to Israel (Peled 2013), the Kurds in the Middle East (Gunes 2013; Gunes and Gürer 2018), Cyprus (Dundas 2004), and Canada's indigenous peoples (Nieguth 2009)-treating NTA as yielding untapped potential. Some have considered the application of forms of NTA with a view to promoting Roma rights at the state (Lajcakova 2010) but also international level (Klímová-Alexander 2005).…”

Section: Functionality and Underlying Meanings: From Macro To Micro Perspectivesmentioning

confidence: 99%

Nonterritorial Autonomy and Minority (Dis)Empowerment: Past, Present, and Future

Prina

2020

Nationalities Papers

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This review article outlines the literature on nonterritorial autonomy (NTA) from the renewed interest in the concept in the mid-2000s until today. First, the article provides a brief overview of the meaning of NTA and the rationale behind it, highlighting how, in academic literature, NTA oscillates between positions that treat it as an attractive option and a highly impractical system (difficult to realize in practice or even pin down conceptually). Second, the article looks at trends in the existing literature, which has approached NTA with various emphases: the functions it fulfils (or has fulfilled); its (at times) supplementary role vis-à-vis territorial autonomy; and the dynamics that have led to its introduction in some countries, with attendant implications. Third, the article outlines some of NTA’s complexities, suggesting future areas of research, with reference to the interaction of territoriality and nonterritoriality, collective rights and participation, and potentially negative consequences of NTA regimes.

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Section: Functionality and Underlying Meanings: From Macro To Micro Perspectivesmentioning

confidence: 99%

Nonterritorial Autonomy and Minority (Dis)Empowerment: Past, Present, and Future

Prina

2020

Nationalities Papers

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“…Outside Europe, its adoption has been proposed in respect of Israel (Peled, 2013, pp. 49-51), Turkey (Gunes, 2013) and Canada (Nieguth, 2009). The interesting and original suggestion has also been made that the Roma might be given non-territorial autonomy at EU level (Klímóva-Alexander, 2007, p. 411).…”

Section: Non-territorial Autonomy In Practicementioning

confidence: 99%

Introduction: Dispersed Minorities and Non-Territorial Autonomy

Coakley¹

2018

Non-Territorial Autonomy in Divided Societies

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The concept of non-territorial autonomy gives rise to at least two important questions: the range of functional areas over which autonomy extends, and the extent to which this autonomy is indeed non-territorial. A widely used early description significantly labelled this 'national cultural autonomy', implying that its focus is mainly on cultural matters, such as language, religion, education and family law. In many of the cases that are commonly cited, 'autonomy' may not even extend this far: its most visible expression is the existence of separate electoral registers or quotas for the various groups. Part of the dilemma lies in the difficulty of devolving substantial power on a non-territorial basis: to the extent that devolved institutions are state-like, they ideally require a defined territory. Ethnic groups, however, vary in the extent to which they are territorially concentrated, and therefore in the degree to which any autonomous arrangements for them are territorial or non-territorial. This article explores the dilemma generated by this tension between ethnic geography (patterns of ethnic settlement) and political autonomy (degree of self-rule), and introduces a set of case studies where the relationship between these two features is discussed further: the Ottoman empire and its successor states, the Habsburg monarchy, the Jewish minorities of Europe, interwar Estonia, contemporary Belgium, and two indigenous peoples, the Sámi in Norway and the Maori in New Zealand.

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“…Theorists, meanwhile, have explored whether FMCs are owed, or indeed already enjoy, constitutionally protected cultural self-rule—what has been termed “non-territorial autonomy” (Chouinard, 2014; Elkins, 1992; Nieguth, 2009; Poirier, 2008, 2012). Representation is often viewed as a corollary of such autonomy (Kymlicka, 1995: 32).…”

Section: National Groups and Consociational Representationmentioning

confidence: 99%

Reconciling Shared Rule: Liberal Theory, Electoral-Districting Law and “National Group” Representation in Canada

Spitzer

2018

Can J Pol Sci

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Canada, like all representative democracies, apportions representation to individuals; also, like all federal states, it accords polity-based representation to federal subunits. But Canada is additionally a consociational state, comprising three constitutionally recognized “national groups”: anglophones, francophones and Indigenous peoples. These groups share power and bear rights beyond the bounds of the federal system. In recent decades, Indigenous peoples and francophones have appealed for representation as “national groups,” leading to constitutional challenges. Courts have either failed to address the constitutionality of “national group” representation or have rejected it as irreconcilable with individual voting rights. I suggest the former is unnecessary and the latter procedurally illogical. Drawing on the liberal principles of individualism, egalitarianism and universalism, I develop a framework contextualizing such representation within liberal theory. I then deploy this framework to analyze recent Canadian case law. I show that appeals for “national group” representation should be approached not through the lens of individual rights, but rather through the “constitutionally prior” lens of universalism.

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An Austrian Solution for Canada? Problems and Possibilities of National Cultural Autonomy

Cited by 15 publications

References 5 publications

Nonterritorial Autonomy and Minority (Dis)Empowerment: Past, Present, and Future

Nonterritorial Autonomy and Minority (Dis)Empowerment: Past, Present, and Future

Introduction: Dispersed Minorities and Non-Territorial Autonomy

Reconciling Shared Rule: Liberal Theory, Electoral-Districting Law and “National Group” Representation in Canada

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