Constitutional patriotism
Edited book (chapter)
| Chapter Title | Constitutional patriotism |
|---|---|
| Book Chapter Category | Edited book (chapter) |
| ERA Publisher ID | 3337 |
| Book Title | Handbook of patriotism |
| Authors | |
| Author | Breda, Vito |
| Editors | Sardoc, Mitja |
| Page Range | 179-192 |
| Chapter Number | 11 |
| Number of Pages | 14 |
| Year | 2020 |
| Publisher | Springer |
| Place of Publication | Cham, Switzerland |
| ISBN | 9783319544830 |
| 9783319544847 | |
| Digital Object Identifier (DOI) | https://doi.org/10.1007/978-3-319-30534-9_5-1 |
| Web Address (URL) | https://link.springer.com/referenceworkentry/10.1007/978-3-319-30534-9_5-1 |
| Abstract | This chapter discusses constitutional patriotism and its possible implications in highly diversified societies. Constitutional patriotism is a theory of deliberative democracy that provides a normative justification for modern constitutional systems. In particular, constitutional patriotism suggests a rational explanation for the sense of alliance that individuals normally have toward their own constitutions without allocating such an alliance on the ever-present sense of belonging to a national community. The unpinning assumptions of constitutional patriotism are drawn from Kantian epistemology. In this chapter, I will argue that constitutional patriotism as an explicative political theory must include a substantive protection of communal identities. The practice of discussing political issues provides a mechanism for individuals who might profoundly disagree with the present and past results of such interaction to internalize the legitimacy of decisions taken by public institutions. This is the so-called normative spillover or normative surplus effect of constitutional patriotism. From this perspective, constitutional patriotism is one of the most persuasive justifications for a democratic constitutional system that includes a large group of individuals who perceive others as strangers and yet are partakers of the ideals manifested in their constitutional document. However, I will argue that cultural diversity, which yields a plurality of political claims over what the common good might be, requires a substantive protection, analogous to the one that most liberal societies grant to religious communities and minority groups. |
| Keywords | constitutional patriotism, Habermas, highly diversified societies, consociative democracies |
| ANZSRC Field of Research 2020 | 480702. Constitutional law |
| 489999. Other law and legal studies not elsewhere classified | |
| 441013. Sociology of migration, ethnicity and multiculturalism | |
| 480302. Comparative law | |
| 500202. History and philosophy of law and justice | |
| Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
| Byline Affiliations | School of Law and Justice |
| Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q5573/constitutional-patriotism
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