Constitutional Patriotism and the Post-National Paradox

Total Page:16

File Type:pdf, Size:1020Kb

Constitutional Patriotism and the Post-National Paradox View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Birmingham Research Archive, E-theses Repository CONSTITUTIONAL PATRIOTISM AND THE POST- NATIONAL PARADOX: AN EXPLORATION OF MIGRATION, IDENTITY AND LOYALTY AT THE LOCAL LEVEL by KATHERINE E. TONKISS A thesis submitted to the University of Birmingham for the degree of DOCTOR OF PHILOSOPHY School of Government and Society College of Social Sciences University of Birmingham February 2012 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. ABSTRACT Theorists of constitutional patriotism argue that the binding sentiment of shared national identity can be replaced with allegiance to universal principles, interpreted into particular constitutions through ongoing deliberative processes. In this thesis, I explore the implications of such an approach for the defensibility of restrictions on migration, a subject which has previously received very little attention. I argue that constitutional patriotism implies a commitment to the free movement of individuals across borders; but that freedom of movement itself creates challenges for the implementation of constitutional patriotism. This is because it may increase anti-immigrant, nationalist sentiment in the host community. I term this phenomenon the ‘post-national paradox’. I then draw on independently collected qualitative data on Eastern European migration to English rural communities to explore this post-national paradox. I analyse the argumentative strategies, as the well as the perceptions of difference, evident in justifications of anti- immigrant and nationalist sentiment in these contexts. I highlight both perceptions of cultural and economic threat, as well as a ‘banal’ sense of national loyalty, underpinning such attitudes; and suggest that discursive practice at the most local level is necessary for the bottom up construction, or growth, of an inclusive form of identity and belonging. ACKNOWLEDGMENTS Without the generous support of the Economic and Social Research Council, the Institute of Local Government Studies, and the Department of Political Science and International Studies, this research project would never have come to fruition. To all those involved I extend my warm thanks. I owe my deepest gratitude to Luis Cabrera, my supervisor, who has acted as a source of seemingly endless insight, inspiration, patience and motivational words in the development of this thesis. Special thanks are also due to Christopher Finlay, my second supervisor, for the exceptional support and guidance he has provided; and to John Raine and Karin Bottom, who have both played a vital role in my development as a researcher. The staff and graduate student body of the Politics Department at Princeton University are also deserving of thanks for their hospitality during my two month study visit in 2010. In particular, I am grateful to Jan-Werner Müller who acted as my supervisor for the duration of my visit; and to Alan Patten and Anna Stilz who offered further helpful comments on my work. Research is impossible without a subject, and so I would also like to thank all those who agreed to participate in the field study. Confidentiality agreements prevent me from listing names, however all participants were extremely generous with their time and shared valuable insights into their own lives and those of their local communities. I am often told that academic research can be a lonely task, however for me this has never been the case, thanks to my peers. In particular, Tatum Matharu, Mark Ewbank and Thom Oliver have provided great friendship and laughter, as well as help and advice, throughout the PhD process. I admire them all greatly for their determination and successes. I want to pay warm tribute to my family who, more than anyone, have made this path possible; and also to my extended family: my friends Naomi, Helen and the Awesome Foursome for distraction and support in equal measure. My final thanks are reserved for my fiancé Mark, who encouraged me to pursue this research, and has done everything possible to support me throughout. I am particularly grateful to him for keeping me sane during the final months of the project, and for responding to my many technological crises with patience and an (almost) straight face. TABLE OF CONTENTS Post-National Belonging ..................................................................................................... 1 Constitutional Patriotism and Migration ............................................................................. 2 INTRODUCTION .................................................................................................................. 3 Post-National Belonging ..................................................................................................... 3 Constitutional Patriotism and Migration ............................................................................. 5 The Field Study ................................................................................................................... 7 Overview of the Thesis ........................................................................................................ 9 PART ONE: THEORETICAL CONCERNS .................................................................... 12 1. NATIONALISM AND DEMOCRACY.......................................................................... 13 1.1 Introduction ................................................................................................................. 13 1.2 Liberal Nationalism ..................................................................................................... 14 1.2.1 Liberal Autonomy and Self-Expression ............................................................ 17 1.3 Democratic Nationalism .............................................................................................. 20 1.3.1 The Willingness to Lose .................................................................................... 21 1.3.2 Trust and the Welfare State ............................................................................... 23 1.4 Democracy and Nationalism: A Critique .................................................................... 25 1.4.1 Democracy in Multicultural Contexts ................................................................ 26 1.4.2 Democracy in Multi-National Contexts ............................................................. 30 1.4.3 Democracy, Trust and the Welfare State ........................................................... 34 1.5 Dangerous Nationalism ............................................................................................... 41 1.5.1 Democracy and Globalisation ............................................................................ 42 1.5.2 Liberalism vs. Nationalism ................................................................................ 46 1.6 Conclusion ................................................................................................................... 49 2. CONSTITUTIONAL PATRIOTISM: A REFLEXIVE TRANSFORMATIONAL ACCOUNT ............................................................................................................................ 52 2.1 Introduction ................................................................................................................. 52 2.2 Defining Constitutional Patriotism .............................................................................. 53 2.2.1 The Contrast with Nationalism .......................................................................... 55 2.3 Habermasian Constitutional Patriotism ....................................................................... 58 2.3.1 Solidarity and Identity: The Habermasian Contradiction .................................. 66 2.3.2 A Critique of Regional Nationalism .................................................................. 71 2.4 Reflexive Constitutional Patriotism............................................................................. 74 2.4.1 The Reflexive Approach .................................................................................... 74 2.4.2 The Problem of National Dependence ............................................................... 79 2.4.3 Constitutional Patriotism as Transformation ..................................................... 85 2.5 Objections .................................................................................................................... 91 2.5.1 Constitutional Patriotism is Too Thin ................................................................ 92 2.5.2 Constitutional Patriotism is Too Thick .............................................................. 95 2.6 Conclusion ................................................................................................................... 99 3. CONSTITUTIONAL PATRIOTISM, MIGRATION AND THE POST-NATIONAL PARADOX .........................................................................................................................
Recommended publications
  • Political Ideas and Movements That Created the Modern World
    harri+b.cov 27/5/03 4:15 pm Page 1 UNDERSTANDINGPOLITICS Understanding RITTEN with the A2 component of the GCE WGovernment and Politics A level in mind, this book is a comprehensive introduction to the political ideas and movements that created the modern world. Underpinned by the work of major thinkers such as Hobbes, Locke, Marx, Mill, Weber and others, the first half of the book looks at core political concepts including the British and European political issues state and sovereignty, the nation, democracy, representation and legitimacy, freedom, equality and rights, obligation and citizenship. The role of ideology in modern politics and society is also discussed. The second half of the book addresses established ideologies such as Conservatism, Liberalism, Socialism, Marxism and Nationalism, before moving on to more recent movements such as Environmentalism and Ecologism, Fascism, and Feminism. The subject is covered in a clear, accessible style, including Understanding a number of student-friendly features, such as chapter summaries, key points to consider, definitions and tips for further sources of information. There is a definite need for a text of this kind. It will be invaluable for students of Government and Politics on introductory courses, whether they be A level candidates or undergraduates. political ideas KEVIN HARRISON IS A LECTURER IN POLITICS AND HISTORY AT MANCHESTER COLLEGE OF ARTS AND TECHNOLOGY. HE IS ALSO AN ASSOCIATE McNAUGHTON LECTURER IN SOCIAL SCIENCES WITH THE OPEN UNIVERSITY. HE HAS WRITTEN ARTICLES ON POLITICS AND HISTORY AND IS JOINT AUTHOR, WITH TONY BOYD, OF THE BRITISH CONSTITUTION: EVOLUTION OR REVOLUTION? and TONY BOYD WAS FORMERLY HEAD OF GENERAL STUDIES AT XAVERIAN VI FORM COLLEGE, MANCHESTER, WHERE HE TAUGHT POLITICS AND HISTORY.
    [Show full text]
  • Interoperability and the Visa Procedure - Possible Implications of Interoperability on the Daily Work of the Consulates - Presentations
    Brussels, 10 July 2019 WK 8371/2019 INIT LIMITE VISA DAPIX SIRIS FRONT COMIX WORKING PAPER This is a paper intended for a specific community of recipients. Handling and further distribution are under the sole responsibility of community members. MEETING DOCUMENT From: General Secretariat of the Council To: Visa Working Party Subject: Interoperability and the visa procedure - Possible implications of Interoperability on the daily work of the consulates - Presentations Delegations will find attached the presentations made by the Commission services, eu-LISA and the Presidency on the abovementioned subject at the Visa Working Party meeting on 10 July 2019. WK 8371/2019 INIT LIMITE EN The interoperability between EU information systems Presentation in the VISA WP 10 July 2019 [email protected] European Commission – Directorate-General Migration & Home Affairs Unit B3 – Information Systems for Borders and Security EU Information systems & Interoperability • Interoperability proposals: Decembre 2017 • The Regulations were adopted on 20 May 2019 and published on 22 May 2019 (Regulations (EU) 2019/817 and 2019/818) • Interoperability between EU information systems operated at the EU central level. • Interoperability is about making the systems talk to each other and work together in a smarter way • Each system has its own objectives, purposes, legal bases, rules, user groups and institutional context. Interoperability does not change that. ECRIS SIS EES VIS ETIAS Eurodac -TCN 2 EU Information systems & Interoperability ECRIS
    [Show full text]
  • Three Objections to Constitutional Patriotism
    cons˙433 CONS2006.cls (1994/07/13 v1.2u Standard LaTeX document class) 3-13-2007 :1237 Three Objections to Constitutional Patriotism Jan-Werner M¨uller Love of country becomes love of leviathan or behemoth, even when, and sometimes especially when, one’s country is a modern republic – that is, a constitutional democ- racy. George Kateb As is well known, constitutional patriotism designates the idea that political attach- ment ought to centre on the norms, the values, and, more indirectly, the procedures of a liberal-democratic constitution. Put differently, allegiance and attachment are not owed primarily to a national culture, as liberal nationalists have claimed, or to “to the world- wide community of human beings,” as for instance Martha Nussbaum’s conception of cosmopolitanism has it.1 As is less well known, the concept of constitutional patriotism has enjoyed very varying fortunes. It was born in postwar divided Germany and has often been seen as a poor substitute for a ‘proper’ national identity – a substitute that was to become redun- dant after the country’s unification. Yet the concept experienced a major renaissance in the 1990s when observers both inside and outside Germany began to view it as a normatively attractive form of civic attachment for increasingly multicultural societies; in recent years, it has also been advanced as a way of conceptualizing “civic identifica- tion” at the supranational level, with some scholars explicitly calling for a “European constitutional patriotism.”2 Finally, constitutional patriotism has
    [Show full text]
  • Progressive Nationalism Citizenship and the Left
    As ties of religion, class and ethnicity weaken, national identity may be the best way to preserve the Left’s collective ideals… Progressive Nationalism Citizenship and the Left David Goodhart About Demos Who we are Demos is the think tank for everyday democracy. We believe everyone should be able to make personal choices in their daily lives that contribute to the common good. Our aim is to put this democratic idea into practice by working with organisations in ways that make them more effective and legitimate. What we work on We focus on six areas: public services; science and technology; cities and public space; people and communities; arts and culture; and global security. Who we work with Our partners include policy-makers, companies, public service providers and social entrepreneurs. Demos is not linked to any party but we work with politicians across political divides. Our international network – which extends across Eastern Europe, Scandinavia, Australia, Brazil, India and China – provides a global perspective and enables us to work across borders. How we work Demos knows the importance of learning from experience. We test and improve our ideas in practice by working with people who can make change happen. Our collaborative approach means that our partners share in the creation and ownership of new ideas. What we offer We analyse social and political change, which we connect to innovation and learning in organisations.We help our partners show thought leadership and respond to emerging policy challenges. How we communicate As an independent voice, we can create debates that lead to real change.We use the media, public events, workshops and publications to communicate our ideas.
    [Show full text]
  • Re-Branding a Nation Online: Discourses on Polish Nationalism and Patriotism
    Re-Branding a Nation Online Re-Branding a Nation Online Discourses on Polish Nationalism and Patriotism Magdalena Kania-Lundholm Dissertation presented at Uppsala University to be publicly examined in Sal IX, Universitets- huset, Uppsala, Friday, October 26, 2012 at 10:15 for the degree of Doctor of Philosophy. The examination will be conducted in English. Abstract Kania-Lundholm, M. 2012. Re-Branding A Nation Online: Discourses on Polish Nationalism and Patriotism. Sociologiska institutionen. 258 pp. Uppsala. ISBN 978-91-506-2302-4. The aim of this dissertation is two-fold. First, the discussion seeks to understand the concepts of nationalism and patriotism and how they relate to one another. In respect to the more criti- cal literature concerning nationalism, it asks whether these two concepts are as different as is sometimes assumed. Furthermore, by problematizing nation-branding as an “updated” form of nationalism, it seeks to understand whether we are facing the possible emergence of a new type of nationalism. Second, the study endeavors to discursively analyze the ”bottom-up” processes of national reproduction and re-definition in an online, post-socialist context through an empirical examination of the online debate and polemic about the new Polish patriotism. The dissertation argues that approaching nationalism as a broad phenomenon and ideology which operates discursively is helpful for understanding patriotism as an element of the na- tionalist rhetoric that can be employed to study national unity, sameness, and difference. Emphasizing patriotism within the Central European context as neither an alternative to nor as a type of nationalism may make it possible to explain the popularity and continuous endur- ance of nationalism and of practices of national identification in different and changing con- texts.
    [Show full text]
  • Visa Information System Supervision Coordination Group Joint Activity
    Coordinated Supervision of VIS Activity Report 2012-2014 Secretariat of the VIS Supervision Coordination Group European Data Protection Supervisor Postal address: Rue Wiertz 60, B-1047 Brussels Office address: Rue Montoyer 30, 1000 Brussels email: [email protected] 1 Table of Contents 1. Introduction and background .............................................................................................. 3 2. Organisation of coordinated supervision ............................................................................ 4 2.1. Main principles ............................................................................................................... 4 2.2. The supervision coordination meetings .......................................................................... 4 3. 2012-2014: Issues discussed and achievements ................................................................. 6 3.1. Common framework for inspections .............................................................................. 6 3.2. Use of ESPs for the processing of visa applications ....................................................... 7 3.3. Questionnaires................................................................................................................. 8 4. Members' Reports ............................................................................................................... 8 4.1. Austria ............................................................................................................................. 8 4.2.
    [Show full text]
  • Press Release 07-07-2021 - 08:30 20210701IPR07507
    Press release 07-07-2021 - 08:30 20210701IPR07507 EP Today Wednesday, 7 July Live coverage of debates and votes can be found on Parliament’s webstreaming and on EbS+. For detailed information on the session, please also see our newsletter. All information regarding plenary, including speakers’ lists, can be found here. Rights of LGBTIQ persons/Rule of law in Poland and Hungary The risk of discrimination against LGBTIQ citizens in Hungary will be considered in a debate with European Commission Vice-President for Values Vera Jourová and the Slovenian Foreign Affairs Minister Anže Logar. MEPs will also look into the general situation of the rule of law and fundamental rights in both Hungary and Poland. Plenary will vote on a resolution on the rights of LGBTIQ persons in Hungary on Thursday. Polona TEDESKO (+32) 470 88 42 82 EP_Justice Reinforcing the European Medicines Agency Parliament will debate with Health Commissioner Kyriakides a proposal to strengthen the European Medicines Agency, following from the impact of the COVID-19 pandemic. MEPs are set to call for a new Medicines Supply Database to avoid medicines shortages, and to increase transparency and the availability of public information about clinical trials. Plenary will vote on the negotiating mandate for talks with the Council on Thursday. Dana POPP (+32) 470 95 17 07 EP_Environment Press Service, Directorate General for Communication 1 I 3 European Parliament - Spokesperson: Jaume Duch Guillot EN Press switchboard number (32-2) 28 33000 Press release Debate with Michel and von der Leyen on the last European summit Starting at 9.00, MEPs will discuss the outcome of the 24-25 European Council with Presidents Charles Michel and Ursula von der Leyen.
    [Show full text]
  • Changes in Schengen Visa Application Process
    Changes in Schengen visa application process As part of the worldwide introduction of the Visa Information System (VIS)1, the Schengen States will launch the VIS in India (and in the neighbouring countries2) on 2 November 2015. Since October 2011, the VIS has been functioning in seventeen (out of 23) world regions3. All Schengen consulates worldwide will be connected to VIS by the end of November 2015. The purpose of this global VIS introduction process is to better protect applicants against identity theft and to prevent document fraud and so-called "visa shopping". Fingerprints are widely used within the EU as a more secure means of identification. The use of biometric data for identification purposes of a visa holder is a faster and more accurate way to identify a visa holder by border police. As from 2 November 2015, Indian citizens requesting a Schengen visa will have to appear in person in order to provide biometric data (fingerprints and digital photography). This concerns the applications for the short-term Schengen visas (max. 90 days in 180 days). For subsequent applications within next 5 years the biometric data will be copied from the previous visa application included in the VIS4. Apart from that, there will be no change in current procedures such as visa fee or forms. However, the applicants should be aware that due to provisions of biometric data, which might cause at the beginning some disruptions, the first visit to their respective Schengen State Consulate after 2 November 2015 might take a little bit longer. Exemptions from the obligation of fingerprinting are provided for the following categories of applicants only: Children under 12, Persons for whom the collection of fingerprints is physically impossible; Sovereigns and other senior members of a royal family, Heads of State and members of the national Governments (with their official delegations and spouses) if they travel for official purposes.
    [Show full text]
  • A European Convergence on Constitutional Patriotism
    Research Note: Is Europe Converging on Constitutional Patriotism? (And If So: Is It Justified?) Jan-Werner Müller1 Politics Department, Princeton University and Robert Schuman Centre for Advanced Studies, EUI, Florence (forthcoming in: Critical Review of International Social and Political Philosophy) Constitutional patriotism, as is fairly well known, emerged from debates about national identity in a divided country facing an extremely difficult past: post-war West Germany. It had initially been advanced in the late 1970s and early 1980s by the political theorist Dolf Sternberger, who had been heavily influenced by Hannah Arendt and who conceived constitutional patriotism as a republican, specifically non- national and non-ethnic form of civic attachment; subsequently it was taken up by Jürgen Habermas, who integrated the concept into his larger social theory, making it an instance of a ‘post-conventional’ form of identity (Müller 2006). After the end of the German division, however, many predicted the imminent demise of constitutional 1 patriotism: now that a ‘normal nation-state’ and a ‘proper national identity’ had been regained (and with the past receding ever further), the artificial, or, as a particularly inappropriate metaphor went, the ‘bloodless’ concept of constitutional patriotism was simply no longer needed. Yet two developments led to a surprising renaissance of the idea after the mid- 1990s, first in Germany itself, then, increasingly, in debates elsewhere in Europe and in North America: on the one hand, the perception that West European states had become irreversibly ‘multicultural’ – with ‘multiculturalism’ here denoting the fact of cultural diversity, not a norm; and, on the other, the even more incontestable fact that the process of European integration had markedly sped up (and deepened) after the Maastricht Treaty.
    [Show full text]
  • Statewatch Analysis: Amending the EU's Borders Code
    Statewatch analysis: Amending the EU’s Borders Code Steve Peers Professor of Law, Law School, University of Essex Second version: revised June 2012 Introduction The basic rules concerning the control of the EU’s external borders are set out in the Schengen borders Code (the ‘Code’), which replaced a number of prior measures, including the ‘Common Manual’ for border guards drawn up to implement the Schengen Convention. In 2011, the Commission proposed two separate sets of amendments to the Code (the ‘2011 proposals’). The first set of amendments would make a number of largely technical changes to the rules, while the second addresses the controversial issue of the potential re-imposition of internal border controls. A third set of proposed amendments, concerning the creation of an ‘entry-exit system’ which would provide for the registration of the entry and departure of every visiting third-country national, is due to be proposed in September 2012, but the content of this proposal is not yet known. This analysis examines the current state-of-play of the negotiation of the 2011 proposals, and indicates their possible impact. Background The Borders Code has already been amended on four occasions, by: (a) Reg. 296/2008 (OJ 2008 L 97/60), which amended the rules in the Code regarding “comitology” (Arts. 12, 32 and 33); (b) Reg. 81/2009 (OJ 2009 L 35/56), regarding the use of the Visa Information System at borders, which amended Art. 7(3) of the Code; (c) Reg. 810/2009 (OJ 2009 L 234/1), the EU’s visa code, which amended Annex V of the borders code (see Art.
    [Show full text]
  • (Ethnic) Nationalism. the Origins and Critique of the Dichotomy
    polish 3()’ 171 10 sociological review ISSN 1231 – 1413 KRZYSZTOF JASKUŁOWSKI Warsaw School of Social Sciences and Humanities Western (civic) versus Eastern (ethnic) Nationalism. The Origins and Critique of the Dichotomy Abstract: The author focuses on Hans Kohn (1891–1971) who is generally regarded as the founding father of modern Anglophone academic research on nationalism. He was first to adopt a more neutral stance toward nationalism, one that made sustained attempt at dispassionate analysis of the phenomenon in order to define, classify and explain it. However, not only did he bring in a innovative and novel perspective to the subject by producing broad comparative studies but he was responsible for introducing one of the basic and long-lasting themes to the study of nationalism, namely a strongly moralistic distinction between a good nationalism, which he associated with the West, and a bad nationalism allegedly typical for the non-Western world. The paper discusses three questions: first, how did Kohn conceptualize the differences between the two types of nationalism? Second, how and why did he come to his conclusions and, finally, if it can be argued as many authors claim, that his discrimination between the two types of nationalism are valid and useful? Keywords: Hans Kohn; nationalism; Eastern nationalism; ethnic nationalism; Western nationalism; civic nationalism; nationalism studies. Introduction Anglophone students of nationalism have recognized Hans Kohn (1891–1971) as one of the most learned and influential authorities on history of nationalism (Wolf 1976: 651; Kuzio 2002; Özkirimli 2000; Snyder 1995). Kohn’s works together with the writings of Carlton Hayes are generally regarded as a turning point in the study of nationalism in the English-speaking world.
    [Show full text]
  • 1 Between Ethnic-Nationalism, Civic-Nationalism And
    Between Ethnic-Nationalism, Civic-Nationalism and Cosmopolitanism: Discourses on the Identity of the EU and the Debates on Turkey's Accession Sara Kahn-Nisser * Abstract This paper seeks to contribute to our understanding of the issue of collective identity in the EU, and its relation to the process of enlargement. Through an analysis of the European Parliament's (EP) debates on the accession of Turkey, I will show that the issue of European collective identity is essential for understanding the EP's position towards Turkey. I will explicate the view on inclusion and diversity in the EU, implicit in speeches made in the EP. My analysis will show that there is a complex, two-way relation between the members of the European parliament's (MEP) views on inclusion and diversity in the EU, and their position towards Turkey. Another conclusion has to do with the relation between state nationalism and European integration. My findings suggest that the EP is quite indifferent towards state-national identities and cultures, and does not see them as assets to be preserved. Introduction The study of EU-Turkey relations and the study of collective identity in the EU have hitherto progressed on separate parallel paths. Students of collective identity in the EU seem to agree that enlargement is in some way relevant to the understanding the EU's identity, and students of EU-Turkey relations assume that the process of Turkey's accession is in some way related to issues of identity in the EU, but this relation has not been explored sufficiently (see the following literature review).
    [Show full text]