Stephen Tierney
Biographic Data
| ID | 5579263 |
|---|---|
| NAME | Stephen Tierney |
| GIVEN NAMES | Stephen |
| FAMILY NAME | Tierney |
| SIGNATURE | TIERNEY S |
| AFFILIATIONS | University of Edinburgh |
| ORCID | 0000-0002-0458-0503 |
| VERIFIED | Yes |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 44 |
| WORKS AS AUTHOR | 14 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2002 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 4 |
A theory of plural constituent power for federal systems
Federations present difficulties for prevailing theories of constituent power, which usually attribute ultimate constitution-making authority to a singular people. This article examines how a ‘pluralized’ constituent power functions in federal systems. It argues that the operation of plural constituent power in federations reflects a distinctive model of constitutional formation according to which a ‘polity of polities’ is established and sustain…
The Right to Vote
This article analyses cases in which regional citizenship is an essential part of constitutional architecture either in the form of peace agreement or federal/autonomy settlement. Apart from offering a characterisation of regional citizenships, the article argues that the franchise and formal (sub-state) regional citizenry should be more closely corresponding in cases where regional citizenship forms an indispensable part of the constitutional ar…
The Shibboleth of Sovereignty
Sovereignty is the central tenet of modern British constitutional thought but its meaning remains misunderstood. Lawyers treat it as a precise legal concept – the doctrine of parliamentary sovereignty – but commonly fail to acknowledge that that doctrine is erected on a skewed sense of what sovereignty entails. In particular, they do not see that the doctrine rests on a particular political conviction, that the British state depends on a central …
Public Law and Politics
Accommodating Cultural Diversity
Contents: Foreword, The Honourable Justice Michel Bastarache Cultural diversity: normative theory and constitutional practice, Stephen Tierney. Part I The Evolving Theory of Cultural Diversity: The global diffusion of multiculturalism: trends, causes, consequences, Will Kymlicka Towards a hybrid theory of multinational justice, Helder de Schutter Putting Kymlicka in perspective: Canadian diversity and collective rights, Dwight Newman. Part II Ins…
Through a Glass, Darkly
This article introduces a symposium wherein four well-known scholars reflect upon the work of James Lorimer, the 19th-century Scottish jurist. The articles, by Martti Koskenniemi, Karen Knop, Stephen Neff and Gerry Simpson, emerge from a seminar organized by the Edinburgh Centre for Constitutional Law to mark the anniversary of Lorimer’s election in 1862 to the Regius Chair in Public Law and the Law of Nature and Nations at the University of Edin…
Reclaiming Politics
Referendums are often criticised for being elite‐controlled and undeliberative. This article argues that the detailed, multiactor regulation of the Scottish referendum resulted in an elaborate legal regime which helped to overcome these potential pathologies, diluting executive control and facilitating an exercise in national public engagement. It addresses the troubled history of referendum use in the UK and contends that the Scottish process ma…
Constitutional Referendums
The constitutional referendum has become a vital feature of modern constitution-making and reform. This book provides an analysis of the theoretical foundations of constitutional referendums, assessing their democratic credentials and the design decisions that affect the value and legitimacy of the referendum process.
Federalism in a Unitary State
This paper takes the devolution settlements in the UK as a model of accommodation of territorial diversity, with a focus mainly upon devolution to Scotland. It is argued that the Scotland Act 1998, while in many ways a coherent attempt to meet the demands of national diversity, may also, paradoxically, contain elements that in the long run have the potential to destabilize the UK. We address the non-federal model that has been used to manage the …
Constitutional Referendums
In recent decades the use of referendums to settle major constitutional questions has increased dramatically. Addressing this phenomenon as a case study in the relationship between democracy and constitutional sovereignty, this article has two aims. The first is to argue that these constitutional referendums are categorically different from ordinary, legislative referendums, and that this has important implications for theories of constitutional …
A public health response to the methamphetamine epidemic
Clinical responses to CM in PROP were similar to CM delivered in drug treatment programs, supporting the adaptability and effectiveness of CM to non-traditional drug treatment settings. Costs were reasonable and less than or comparable to other methamphetamine outpatient treatment programs. Further expansion of programs like PROP could address the increasing need for acceptable, feasible and cost-effective methamphetamine treatment in this group …
Reframing Sovereignty? Sub-State National Societies and Contemporary Challenges to the Nation-State
Over the past 30 years, sub-state national societies in a number of developed liberal democracies—particularly Quebec, Catalonia, and Scotland within Canada, Spain, and the United Kingdom respectively—have both reasserted their national distinctiveness and demanded recognition of it in constitutional terms. 1 This re-emergence of sub-state national sentiment within industrially advanced States, and the struggle for constitutional change which has…
Determining the State of Exception
The Presumption of Innocence and the Human Rights Act
There has recently been a proliferation of case law dealing with potential inroads into the presumption of innocence in the criminal law of England and Wales, in the light of article 6(2) of the European Convention on Human Rights. This article is concerned with the nature of the presumption of innocence. It considers two central issues. The first is how the courts should address the question of when the presumption of innocence is interfered wit…
The Search for a New Normativity
Faculty of Law, University of Edinburgh. I am grateful to Bill Bowring, Holly Cullen, Thomas Franck, Kathryn Last, Victor Tadros and to all members of the ILA (British Branch) Committee on Theory and International Law for helpful comments on earlier drafts and seminar presentations of this paper. 1 Eisner, ‘A Procedural Model for the Resolution of Secessionist Disputes’, 33 Harvard International Law Journal (1992) 413. 2 T. M. Franck, Fairness in…
Federalism in a Unitary State
This paper takes the devolution settlements in the UK as a model of accommodation of territorial diversity, with a focus mainly upon devolution to Scotland. It is argued that the Scotland Act 1998, while in many ways a coherent attempt to meet the demands of national diversity, may also, paradoxically, contain elements that in the long run have the potential to destabilize the UK. We address the non-federal model that has been used to manage the …
Reframing Sovereignty? Sub-State National Societies and Contemporary Challenges to the Nation-State
Over the past 30 years, sub-state national societies in a number of developed liberal democracies—particularly Quebec, Catalonia, and Scotland within Canada, Spain, and the United Kingdom respectively—have both reasserted their national distinctiveness and demanded recognition of it in constitutional terms. 1 This re-emergence of sub-state national sentiment within industrially advanced States, and the struggle for constitutional change which has…
The Right to Vote
This article analyses cases in which regional citizenship is an essential part of constitutional architecture either in the form of peace agreement or federal/autonomy settlement. Apart from offering a characterisation of regional citizenships, the article argues that the franchise and formal (sub-state) regional citizenry should be more closely corresponding in cases where regional citizenship forms an indispensable part of the constitutional ar…
Constitutional Referendums
In recent decades the use of referendums to settle major constitutional questions has increased dramatically. Addressing this phenomenon as a case study in the relationship between democracy and constitutional sovereignty, this article has two aims. The first is to argue that these constitutional referendums are categorically different from ordinary, legislative referendums, and that this has important implications for theories of constitutional …
Determining the State of Exception
Reclaiming Politics
Referendums are often criticised for being elite‐controlled and undeliberative. This article argues that the detailed, multiactor regulation of the Scottish referendum resulted in an elaborate legal regime which helped to overcome these potential pathologies, diluting executive control and facilitating an exercise in national public engagement. It addresses the troubled history of referendum use in the UK and contends that the Scottish process ma…
The Presumption of Innocence and the Human Rights Act
There has recently been a proliferation of case law dealing with potential inroads into the presumption of innocence in the criminal law of England and Wales, in the light of article 6(2) of the European Convention on Human Rights. This article is concerned with the nature of the presumption of innocence. It considers two central issues. The first is how the courts should address the question of when the presumption of innocence is interfered wit…
The Search for a New Normativity
Faculty of Law, University of Edinburgh. I am grateful to Bill Bowring, Holly Cullen, Thomas Franck, Kathryn Last, Victor Tadros and to all members of the ILA (British Branch) Committee on Theory and International Law for helpful comments on earlier drafts and seminar presentations of this paper. 1 Eisner, ‘A Procedural Model for the Resolution of Secessionist Disputes’, 33 Harvard International Law Journal (1992) 413. 2 T. M. Franck, Fairness in…
The Shibboleth of Sovereignty
Sovereignty is the central tenet of modern British constitutional thought but its meaning remains misunderstood. Lawyers treat it as a precise legal concept – the doctrine of parliamentary sovereignty – but commonly fail to acknowledge that that doctrine is erected on a skewed sense of what sovereignty entails. In particular, they do not see that the doctrine rests on a particular political conviction, that the British state depends on a central …
The Search for a New Normativity
Faculty of Law, University of Edinburgh. I am grateful to Bill Bowring, Holly Cullen, Thomas Franck, Kathryn Last, Victor Tadros and to all members of the ILA (British Branch) Committee on Theory and International Law for helpful comments on earlier drafts and seminar presentations of this paper. 1 Eisner, ‘A Procedural Model for the Resolution of Secessionist Disputes’, 33 Harvard International Law Journal (1992) 413. 2 T. M. Franck, Fairness in…
The Presumption of Innocence and the Human Rights Act
There has recently been a proliferation of case law dealing with potential inroads into the presumption of innocence in the criminal law of England and Wales, in the light of article 6(2) of the European Convention on Human Rights. This article is concerned with the nature of the presumption of innocence. It considers two central issues. The first is how the courts should address the question of when the presumption of innocence is interfered wit…
Reframing Sovereignty? Sub-State National Societies and Contemporary Challenges to the Nation-State
Over the past 30 years, sub-state national societies in a number of developed liberal democracies—particularly Quebec, Catalonia, and Scotland within Canada, Spain, and the United Kingdom respectively—have both reasserted their national distinctiveness and demanded recognition of it in constitutional terms. 1 This re-emergence of sub-state national sentiment within industrially advanced States, and the struggle for constitutional change which has…
Determining the State of Exception
A public health response to the methamphetamine epidemic
Clinical responses to CM in PROP were similar to CM delivered in drug treatment programs, supporting the adaptability and effectiveness of CM to non-traditional drug treatment settings. Costs were reasonable and less than or comparable to other methamphetamine outpatient treatment programs. Further expansion of programs like PROP could address the increasing need for acceptable, feasible and cost-effective methamphetamine treatment in this group …
Federalism in a Unitary State
This paper takes the devolution settlements in the UK as a model of accommodation of territorial diversity, with a focus mainly upon devolution to Scotland. It is argued that the Scotland Act 1998, while in many ways a coherent attempt to meet the demands of national diversity, may also, paradoxically, contain elements that in the long run have the potential to destabilize the UK. We address the non-federal model that has been used to manage the …
Constitutional Referendums
In recent decades the use of referendums to settle major constitutional questions has increased dramatically. Addressing this phenomenon as a case study in the relationship between democracy and constitutional sovereignty, this article has two aims. The first is to argue that these constitutional referendums are categorically different from ordinary, legislative referendums, and that this has important implications for theories of constitutional …
Constitutional Referendums
The constitutional referendum has become a vital feature of modern constitution-making and reform. This book provides an analysis of the theoretical foundations of constitutional referendums, assessing their democratic credentials and the design decisions that affect the value and legitimacy of the referendum process.
Reclaiming Politics
Referendums are often criticised for being elite‐controlled and undeliberative. This article argues that the detailed, multiactor regulation of the Scottish referendum resulted in an elaborate legal regime which helped to overcome these potential pathologies, diluting executive control and facilitating an exercise in national public engagement. It addresses the troubled history of referendum use in the UK and contends that the Scottish process ma…
Public Law and Politics
Accommodating Cultural Diversity
Contents: Foreword, The Honourable Justice Michel Bastarache Cultural diversity: normative theory and constitutional practice, Stephen Tierney. Part I The Evolving Theory of Cultural Diversity: The global diffusion of multiculturalism: trends, causes, consequences, Will Kymlicka Towards a hybrid theory of multinational justice, Helder de Schutter Putting Kymlicka in perspective: Canadian diversity and collective rights, Dwight Newman. Part II Ins…
Through a Glass, Darkly
This article introduces a symposium wherein four well-known scholars reflect upon the work of James Lorimer, the 19th-century Scottish jurist. The articles, by Martti Koskenniemi, Karen Knop, Stephen Neff and Gerry Simpson, emerge from a seminar organized by the Edinburgh Centre for Constitutional Law to mark the anniversary of Lorimer’s election in 1862 to the Regius Chair in Public Law and the Law of Nature and Nations at the University of Edin…
The Shibboleth of Sovereignty
Sovereignty is the central tenet of modern British constitutional thought but its meaning remains misunderstood. Lawyers treat it as a precise legal concept – the doctrine of parliamentary sovereignty – but commonly fail to acknowledge that that doctrine is erected on a skewed sense of what sovereignty entails. In particular, they do not see that the doctrine rests on a particular political conviction, that the British state depends on a central …
The Right to Vote
This article analyses cases in which regional citizenship is an essential part of constitutional architecture either in the form of peace agreement or federal/autonomy settlement. Apart from offering a characterisation of regional citizenships, the article argues that the franchise and formal (sub-state) regional citizenry should be more closely corresponding in cases where regional citizenship forms an indispensable part of the constitutional ar…
A theory of plural constituent power for federal systems
Federations present difficulties for prevailing theories of constituent power, which usually attribute ultimate constitution-making authority to a singular people. This article examines how a ‘pluralized’ constituent power functions in federal systems. It argues that the operation of plural constituent power in federations reflects a distinctive model of constitutional formation according to which a ‘polity of polities’ is established and sustain…
Political science (13 works) · Sociology (12 works) · Law (10 works) · Politics (8 works) · Law (7 works) · Political Systems and Governance (7 works) · Law and economics (5 works) · European and International Law Studies (4 works) · Judicial and Constitutional Studies (4 works) · Political economy (4 works)