Two Possible Alternatives to Turf War

<p>This paper assesses the democratic legitimacy of the constitution-making processes that brought into being the Constitutions of the Cook Islands and Niue. New Zealand’s role in the decolonisation of its former colonies has generally been seen as quite benign. New Zealand’s status as an external actor however raises questions regarding the effect its influence had on the democratic legitimacy of the respective constitution-making processes. Constituent power theory demands that a constitution is the product of the popular political will; an act of self-determination undertaken by the people, for the people. This paper argues that the existence of external influence in the constitution-making process is not necessarily at odds with this. The democratic legitimacy of the constitution-making process is dependent on the constitution being a manifestation of the people’s constituent power. Insofar as external actors do not displace the people’s constituent power but rather enhances it, there is no reason to exclude such influence; there may even be reason to encourage it. By drawing on New Zealand’s experience in decolonisation, this paper ultimately advances a two-stage model for constitution-making in the context of small, dependent non-self-governing island-states. As on-going political ties with an external state are often sought, the aim of the model is to provide an avenue for that external state to participate in or contribute to the constitution-making process while maintaining the process’ democratic legitimacy.</p>

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Protecting popular constituent power: Examining New Zealand's role in the constitution-making episodes of the Cook Islands and Niue

10.26686/wgtn.17007427.v1 ◽

2021 ◽

Author(s):

◽

Sarah Mead

Keyword(s):

Self Determination ◽

Democratic Legitimacy ◽

Stage Model ◽

Political Will ◽

Constituent Power ◽

Cook Islands ◽

Island States ◽

The People ◽

External Actors ◽

Constitution Making

<p>This paper assesses the democratic legitimacy of the constitution-making processes that brought into being the Constitutions of the Cook Islands and Niue. New Zealand’s role in the decolonisation of its former colonies has generally been seen as quite benign. New Zealand’s status as an external actor however raises questions regarding the effect its influence had on the democratic legitimacy of the respective constitution-making processes. Constituent power theory demands that a constitution is the product of the popular political will; an act of self-determination undertaken by the people, for the people. This paper argues that the existence of external influence in the constitution-making process is not necessarily at odds with this. The democratic legitimacy of the constitution-making process is dependent on the constitution being a manifestation of the people’s constituent power. Insofar as external actors do not displace the people’s constituent power but rather enhances it, there is no reason to exclude such influence; there may even be reason to encourage it. By drawing on New Zealand’s experience in decolonisation, this paper ultimately advances a two-stage model for constitution-making in the context of small, dependent non-self-governing island-states. As on-going political ties with an external state are often sought, the aim of the model is to provide an avenue for that external state to participate in or contribute to the constitution-making process while maintaining the process’ democratic legitimacy.</p>

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Protecting Popular Constituent Power: Examining New Zealand's Role in the Constitution-Making Episodes of the Cook Islands and Niue

Victoria University of Wellington Law Review ◽

10.26686/vuwlr.v45i4.4943 ◽

2014 ◽

Vol 45 (4) ◽

pp. 577

Author(s):

Sarah Mead

Keyword(s):

Self Determination ◽

Democratic Legitimacy ◽

Stage Model ◽

Political Will ◽

Constituent Power ◽

Cook Islands ◽

Island States ◽

The People ◽

External Actors ◽

Constitution Making

This article assesses the democratic legitimacy of the constitution-making processes that brought into being the Constitutions of the Cook Islands and Niue. New Zealand's role in the decolonisation of its former colonies has generally been seen as quite benign. New Zealand's status as an external actor, however, raises questions regarding the effect its influence had on the democratic legitimacy of the respective constitution-making processes. Constituent power theory demands that a constitution is the product of the popular political will; an act of self-determination undertaken by the people, for the people. This article argues that the existence of external influence in the constitution-making process is not necessarily at odds with this. In so far as external actors do not displace the people's constituent power but rather enhance it, there is no reason to exclude such influence; there may even be reason to encourage it. By drawing on New Zealand's experience in decolonisation, this article ultimately advances a two-stage model for constitution-making in the context of small, dependent non-self-governing island states. As ongoing political ties with an external state are often sought, the aim of the model is to provide an avenue for that external state to participate in or contribute to the constitution-making process while maintaining the process's democratic legitimacy.

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Who Are the People in Your Gayborhood? Understanding Population Change and Cultural Shifts in LGBTQ+ Neighborhoods

The Life and Afterlife of Gay Neighborhoods - The Urban Book Series ◽

10.1007/978-3-030-66073-4_1 ◽

2021 ◽

pp. 3-39

Author(s):

Daniel Baldwin Hess ◽

Alex Bitterman

Keyword(s):

Population Change ◽

Social Values ◽

Urban Environments ◽

The Self ◽

Technological Evolution ◽

Future Prospects ◽

Initial Formation ◽

Current State ◽

The People ◽

Cultural Shifts

AbstractGay neighborhoods, like all neighborhoods, are in a state of continual change. The relevance of gay neighborhoods—originally formed to promote segregation of individuals who identify as sexual minorities—is lately challenged by advances in technology, experiences with pandemics, shifts in generational opinion and social values, increasing acceptance of LGBTQ+ individuals, and (in certain places) increased rights and protections for LGBTQ+ individuals. This confluence of change has created for many people anxiety related to the belief that gay neighborhoods may be dissolving or even disappearing altogether. Seeking to address these concerns, this opening chapter of the book The Life and Afterlife of Gay Neighborhoods: Renaissance and Resurgence presents eight important takeaway messages distilled from the chapters in this volume that, taken together, provide an in-depth overview of the formation, maturation, current challenges, and future prospects of LGBTQ+ spaces in urban environments. Findings suggest that shifts in patterns of residence, socialization, and entertainment for LGBTQ+ residents and visitors across metropolitan space have resulted in certain gay neighborhoods becoming less gay while other neighborhoods become more gay. In this time of social change, economic inequities, public health crises, and technological evolution, gay neighborhoods provide a culturally and historically significant template for communities in confronting adversity, fear, and discrimination. At this point in their maturity, gay neighborhoods have reached a plateau in their evolution; from here we pause to consider the current state of gay neighborhoods—and trajectories that might describe their future form—as we contemplate the importance of gay neighborhoods in the ongoing advancement of LGBTQ+ people everywhere. We conclude by observing that while gayborhoods have experienced a certain level of de-gaying, the trend toward viewing gayborhoods as inclusive and gay-friendly places de-emphasizes the self-segregation aspects of gayborhoods that were important to their initial formation; consequently, while gay neighborhoods may become less gay, other neighborhoods may also become more gay.

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