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 CouncilFuture 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 onSri Lanka and Iraq

Elisenda Casanas Adam, University of Edinburgh, speaking onCatalonia/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 broadercomparative picture of the challenges facing Scotland and the broader UK as we prepare for areferendumwhich challenges the very existence of the state.

The Workshopwill bring together political scientists, political theoristsand 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 inconstitutional 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 referendumdemocracy 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 engagementwith 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 ReferendumChallenge 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.