Constitutional Referendums and the Democratic Challenge: Quebec and Scotland in Focus
International Workshop
Organisers: Edinburgh Centre for Constitutional Law, L’Université Du Québec à Montréal, le Groupe de recherche sur les sociétés plurinationales
Co-sponsors: Edinburgh Law School; Centre for Canadian Studies, University of Edinburgh; Academy of Government, University of Edinburgh; Scottish Constitutional Futures Forum; Foundation for Canadian Studies; Economic and Social Research Council Future of the UK and Scotland programme
Surgeon’s Hall
Edinburgh
29-30 April, 2013
Draft Programme
Day 1 29 April
9.00 – 9.30
Coffee and Welcome
9.30 – 10.00
Opening Reflections: Michael Keating, University of Aberdeen
10.00 – 11.30
Round-table 1 Quebec and Scotland in Context
Panellists:
Alain-G. Gagnon, University of Quebec at Montreal, The Right to Decide in Quebec and Other Western Democracies
André Lecours, University of Ottawa, Nationalist Movements and the Quest for Independence: Scotland in Comparative Perspective
Nicola McEwen, University of Edinburgh, Independence as a Social Project: the welfare state and nationalism in the Quebec and Scottish referendums
Chair:
Annis May Timpson, Director, Centre for Canadian Studies, University of Edinburgh
11.30-12.00
Coffee
12.00 – 1.30
Round-table 2 The legal and constitutional issues
Panellists:
Eugénie Brouillet, University of Laval, Between Legality and Legitimacy: The Reference Case concerning the Right of Quebec to Secede
François Rocher, University of Ottawa, Judicial Containment: The Use of Law in the Post-Referendum Period in Canada
José Woehrling, University of Montreal, The Secession Reference: Roadmap or Roadblock for a Future Referendum on Québec's Sovereignty?
Stephen Tierney, University of Edinburgh, The Scottish Independence Referendum Bill
Chair:
Christine Bell, Professor of Constitutional Law, University of Edinburgh
1.30-2.30 Lunch
2.30 - 4.00
Round-table 3 Designing a Fair and Democratic Referendum Process: the key elements
Panellists:
Dimitrios Karmis (and Keith Cherry), University of Ottawa, Referendums, Democracy, and the Quebec Case: The Machiavelli Perspective
Guy Laforest, University of Laval, Fairness and Reason of State
Navraj Singh Ghaleigh, University of Edinburgh, Funding and Spending Rules
4.30 – 5.30
Key Note lecture: 'Referendums, Democracy, and the People'
Leslie Green, Professor of the Philosophy of Law, University of Oxford
Chair:
Neil Walker, Regius Professor of Public Law and the Law of Nature and Nations, University of Edinburgh
Day 2 30 April
9.15 - 10.15
Round-table 4 Voter attitudes and behaviour
Panellists:
Ailsa Henderson, University of Edinburgh, Loser’s Consent and Sovereignty Referendums
Antoine Bilodeau, University of Concordia, Multiculturalism and Referendums in Quebec
10.15 Coffee
10.30 – 12.30
Round-table 5 The Referendum Challenge in other plurinational states and divided societies
Panellists:
Christine Bell, University of Edinburgh, Referendums and Constitutional Transitions
Zoran Oklopcic, Carleton University, speaking on the former Yugoslavia
Asanga Welikala, University of Edinburgh, speaking on Sri Lanka and Iraq
Elisenda Casanas Adam, University of Edinburgh, speaking on Catalonia/Spain
Workshop Aims and Objectives
On 18 September 2014 a referendum on ‘independence’ will be held in Scotland and in March and April of this year two bills, the Scottish Independence Referendum (Franchise) Bill and the Scottish Independence Referendum Bill, were respectively introduced to the Scottish Parliament setting out the procedural details of the referendum.
This will be the first time a referendum has been organised within the UK by a devolved government, and the subject of the proposed vote could not be of greater significance. Such an unprecedented (in British terms) process has led people to look abroad for comparable experiences. The most pertinent case study is clearly that of Quebec where the provincial government held referendums on ‘sovereignty’ in 1980 and 1995.
This Workshop will reflect upon the Quebec/Canada experience and the lessons this might hold for the Scottish process. At the same time the evolving picture within Scotland offers its own insights to those from other countries interested in how constitutional referendums can be organised at sub-state level within a plurinational state. The Workshop will also turn to other international experiences to build a broader comparative picture of the challenges facing Scotland and the broader UK as we prepare for a referendum which challenges the very existence of the state.
The Workshop will bring together political scientists, political theorists and constitutional lawyers from Quebec with specific expertise in nationalism studies, electoral studies, and the referendum process. It will also involve scholars from Edinburgh working in these areas and in constitutional law and theory. Finally, other international participants with detailed knowledge of referendum use in other plurinational states will offer insights from other comparable cases.
Focus
The conference will focus principally upon the referendum as a constitutional process rather than substantive issues of sovereignty and independence, although these may also be discussed. Its main points of focus are:
· issues of democratic legitimacy and fairness in the referendum process
· the legal and constitutional issues surrounding the holding of the referendum
· deliberative democracy and the engagement of citizens
· research questions surrounding voting attitudes and behaviour
· the implications of referendum democracy for other plurinational and divided societies
Research Themes
The following key themes will be addressed:
Designing a Fair and Democratic Referendum Process: the key elements
Setting the Question
Timing
Thresholds – simple majority/‘clear majority’
Ballot design and administration
Independent oversight – the role of electoral commissions etc.
The legal and constitutional issues
The trigger power
Inter-governmental relations in authorising the referendum and controlling the process
Designing and administering the referendum
The constitutional implications of the referendum vote
Judicial oversight
Deliberative democracy and citizen engagement
Franchise rules
How might citizen engagement with the referendum process and campaign be enhanced?
The provision of information to citizens, campaign literature etc.
Funding and spending rules
Media regulation and responsibility
Voter attitudes and behaviour
Voting behaviour and sovereignty issues
Levels of comprehension and confusion among voters
Losers’ consent
The Referendum Challenge in other plurinational states and divided societies
The proliferation of the referendum
Experiences from former SFRY; Northern Ireland; Spain etc.
Format
Rather than a traditional ‘paper-giving’ format speakers have been asked to offer short (max 10 minute) interventions on a theme. The principal aim of the Workshop is to generate broad discussion, engaging as many participants as possible.
Support
As well as funding from the organisers: Edinburgh Centre for Constitutional Law, le Groupe de recherche sur les sociétés plurinationales, and L’Université Du Québec à Montréal, the Workshop is supported by the Centre for Canadian Studies, University of Edinburgh; Academy of Government, University of Edinburgh; the Scottish Constitutional Futures Forum, the Foundation for Canadian Studies and the Economic and Social Research Council Future of the UK and Scotland programme.