Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state , namely, the executive , the parliament or legislature , and the judiciary ; as well as the basic rights of citizens and, in federal countries such as the United States and Canada , the relationship between the central government and state, provincial, or territorial governments.
96-478: Not all nation states have codified constitutions , though all such states have a jus commune , or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law , conventions , statutory law , judge-made law , or international rules and norms . Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to
192-425: A diaspora or refugees who live outside the nation-state; some nations of this sense do not have a state where that ethnicity predominates. In a more general sense, a nation-state is simply a large, politically sovereign country or administrative territory. A nation-state may be contrasted with: This article mainly discusses the more specific definition of a nation-state as a typically sovereign country dominated by
288-801: A propagandistic and mythologised version , and (especially during conflicts) some nation-states still teach this kind of history. Language and cultural policy was sometimes hostile, aimed at suppressing non-national elements. Language prohibitions were sometimes used to accelerate the adoption of national languages and the decline of minority languages (see examples: Anglicisation , Bulgarization , Croatization , Czechization , Dutchification , Francisation , Germanisation , Hellenization , Hispanicization , Italianization , Lithuanization , Magyarisation , Polonisation , Russification , Serbization , Slovakisation , Swedification , Turkification ). In some cases, these policies triggered bitter conflicts and further ethnic separatism . But where it worked,
384-474: A royal house . Their territory could expand by royal intermarriage or merge with another state when the dynasty merged. In some parts of Europe, notably Germany , minimal territorial units existed. They were recognized by their neighbours as independent and had their government and laws. Some were ruled by princes or other hereditary rulers; some were governed by bishops or abbots . Because they were so small, however, they had no separate language or culture:
480-540: A class in Constitutional Law during their first year, and several law journals are devoted to the discussion of constitutional issues. The doctrine of the rule of law dictates that government must be conducted according to law. This was first established by British legal theorist A. V. Dicey . Dicey identified three essential elements of the British Constitution which were indicative of
576-464: A common descent, a common language and many forms of shared culture. When implied unity was absent, the nation-state often tried to create it. It promoted a uniform national language through language policy . The creation of national systems of compulsory primary education and a relatively uniform curriculum in secondary schools was the most effective instrument in the spread of the national languages . The schools also taught national history, often in
672-545: A constitution establishes a federal state for instance as seen in India, it will identify multiple levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement. Some federal states, most notably the United States, have separate and parallel federal and state judiciaries, with each having its own hierarchy of courts with a supreme court for each state. India , on
768-684: A diversity of rulers and "shadow caliphs" in the centuries of the Abbasid - Mamluk Caliphate since the Mongols' sacking of Baghdad and the killing of the last Abbasid Caliph in Baghdad, Iraq 1258. The Ottoman Caliphate as an office of the Ottoman Empire was abolished under Mustafa Kemal Atatürk in 1924 as part of Atatürk's Reforms . Some of the smaller European states were not so ethnically diverse but were also dynastic states ruled by
864-404: A large geographic area and uses the concept of " Zhonghua minzu " or Chinese nationality, in the sense of ethnic groups . Still, it also officially recognizes the majority Han ethnic group which accounts for over 90% of the population, and no fewer than 55 ethnic national minorities . According to Philip G. Roeder, Moldova is an example of a Soviet-era "segment-state" ( Moldavian SSR ), where
960-779: A long history of intermarriage. Belgium is a classic example of a state that is not a nation-state. The state was formed by secession from the United Kingdom of the Netherlands in 1830, whose neutrality and integrity was protected by the Treaty of London 1839 ; thus, it served as a buffer state after the Napoleonic Wars between the European powers France , Prussia (after 1871 the German Empire ) and
1056-610: A low profile while he was in Ireland, but she was understood to have sold positions. Halifax was opposed to slavery, and refused to invest his money in any cause that was linked to the TransAtlantic slave trade. There were numerous occasions in which colonists in North America came into conflict with Parliament, and on every one of those occasions he publicly voiced support for the colonists, thus leading to him becoming
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#17327732343931152-688: A match against Buckinghamshire at Cow Meadow in Northampton . In the same season, Sandwich and Halifax formed the Northamptonshire & Huntingdonshire team which twice defeated Bedfordshire , first at Woburn Park and then at Cow Meadow. Halifax, who was Lord-Lieutenant of Northamptonshire and a Lieutenant General , was very extravagant. During the House of Commons election for Northampton in 1768, he spent £150,000 bribing voters to support his candidate, George Brydges Rodney , and
1248-504: A particular ethnicity. The relationship between a nation (in the ethnic sense) and a state can be complex. The presence of a state can encourage ethnogenesis , and a group with a pre-existing ethnic identity can influence the drawing of territorial boundaries or argue for political legitimacy . This definition of a "nation-state" is not universally accepted. "All attempts to develop terminological consensus around 'nation' failed", concludes academic Valery Tishkov . Walker Connor discusses
1344-410: A policy to create and maintain national transportation infrastructure, facilitating trade and travel. In 19th-century Europe, the expansion of the rail transport networks was at first largely a matter for private railway companies but gradually came under the control of the national governments. The French rail network, with its main lines radiating from Paris to all corners of France, is often seen as
1440-646: A political significance. In these cases, the nationalist sentiment and the nationalist movement precede the unification of the German and Italian nation-states. Historians Hans Kohn, Liah Greenfeld, Philip White, and others have classified nations such as Germany or Italy, where they believe cultural unification preceded state unification, as ethnic nations or ethnic nationalities . However, "state-driven" national unifications, such as in France, England or China, are more likely to flourish in multiethnic societies, producing
1536-652: A popular figure in Britain's North American colonies, including the Province of Massachusetts Bay , the Province of North Carolina and the Colony of Virginia . Halifax supported expanding the franchise so that a larger portion of people in the Kingdom of Great Britain would be able to vote in parliamentary elections. His mistress had kept a low profile while he was in Ireland, but she was alleged to have sold positions which
1632-574: A radio address in 1936, among others. George Montagu-Dunk, 2nd Earl of Halifax George Montagu-Dunk, 2nd Earl of Halifax , KG , PC (6 October 1716 – 8 June 1771) was a British statesman of the Georgian era . Due to his success in extending commerce in the Americas, he became known as the "father of the colonies". President of the Board of Trade from 1748 to 1761, he aided
1728-517: A reflection of the centralised French nation-state, which directed its construction . Nation states continue to build, for instance, specifically national motorway networks. Specifically, transnational infrastructure programmes, such as the Trans-European Networks , are a recent innovation. The nation-states typically had a more centralised and uniform public administration than their imperial predecessors: they were smaller, and
1824-532: A serious insult at that time when racism was gaining strength. Building the nation (as in France , it was the state that created the nation, and not the opposite process) is an ideal that the Spanish elites constantly reiterated, and, one hundred years later than Alcalá Galiano, for example, we can also find it in the mouth of the fascist José Pemartín , who admired the German and Italian modeling policies: "There
1920-496: A start, they have a different attitude to their territory compared to dynastic monarchies: it is semisacred and nontransferable. No nation would swap territory with other states simply, for example, because the king's daughter married. They have a different type of border , in principle, defined only by the national group's settlement area. However, many nation-states also sought natural borders (rivers, mountain ranges). They are constantly changing in population size and power because of
2016-513: A state. In Germany, neither Jews nor the Roma were considered part of the people, and both were specifically targeted for persecution. German nationality law defined "German" based on German ancestry, excluding all non-Germans from the people. In recent years, a nation-state's claim to absolute sovereignty within its borders has been criticized. A global political system based on international agreements and supra-national blocs characterized
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#17327732343932112-559: A traditional national heritage of civic nations , or territory-based nationalities . The idea of a nation-state was and is associated with the rise of the modern system of states, often called the " Westphalian system ", following the Treaty of Westphalia (1648). The balance of power , which characterized that system, depended for its effectiveness upon clearly defined, centrally controlled, independent entities, whether empires or nation states, which recognize each other's sovereignty and territory. The Westphalian system did not create
2208-453: Is a constitutional principle deriving from the common law. John Entick 's house was searched and ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that, "The great end, for which men entered into society,
2304-403: Is a political unit where the state , a centralized political organization ruling over a population within a territory, and the nation , a community based on a common identity, are congruent. It is a more precise concept than " country ", since a country does not need to have a predominant national or ethnic group. A nation , sometimes used in the sense of a common ethnicity , may include
2400-412: Is above the law...every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals" The third is that the general ideas and principles that the constitution supports arise directly from the judgements and precedents issued by the judiciary. "We may say that the constitution is pervaded by the rule of law on the ground that
2496-645: Is also cultural, and there is a strong separatist movement espoused by the political parties, the right-wing Vlaams Belang and the New Flemish Alliance . The Francophone Walloon identity of Belgium is linguistically distinct and regionalist . There is also unitary Belgian nationalism , several versions of a Greater Netherlands ideal, and a German-speaking community of Belgium annexed from Germany in 1920 and re-annexed by Germany in 1940–1944. However, these ideologies are all very marginal and politically insignificant during elections. China covers
2592-728: Is an intimate and decisive dualism, both in Italian fascism and in German National Socialism. On the one hand, the Hegelian doctrine of the absolutism of the state is felt. The State originates in the Nation, educates and shapes the mentality of the individual; is, in Mussolini's words, the soul of the soul» And will be found again two hundred years later, from the socialist Josep Borrell : The modern history of Spain
2688-480: Is an unfortunate history that meant that we did not consolidate a modern State. Independenceists think that the nation makes the State. I think the opposite. The State makes the nation. A strong State, which imposes its language, culture, education. The turn of the 20th century, and the first half of that century, have seen the most ethnic violence, coinciding with a racism that even came to identify states with races; in
2784-468: Is another instance where a codified constitution, with the Canadian Charter of Rights and Freedoms , protects human rights for people under the nation's jurisdiction. Some countries like the United Kingdom have no entrenched document setting out fundamental rights; in those jurisdictions the constitution is composed of statute , case law and convention . A case named Entick v. Carrington
2880-498: Is constitutionally a confederation of cantons and has four official languages. Still, it also has a "Swiss" national identity, a national history and a classic national hero, Wilhelm Tell . Innumerable conflicts have arisen where political boundaries did not correspond with ethnic or cultural boundaries. After World War II in the Josip Broz Tito era, nationalism was appealed to for uniting South Slav peoples. Later in
2976-430: Is entitled to vote , voter registration , ballot access , campaign finance and party funding , redistricting , apportionment , electronic voting and voting machines , accessibility of elections, election systems and formulas, vote counting , election disputes, referendums , and issues such as electoral fraud and electoral silence . Nation state List of forms of government A nation-state
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3072-482: Is indicated that Catalan "is taught in schools, printed and spoken, not only among the lower class, but also among people of first quality, also in social gatherings, as in visits and congresses", indicating that it is spoken everywhere "except in the royal courts". He also indicates that Catalan is also spoken "in the Kingdom of Valencia, in the islands of Mallorca, Menorca, Ibiza, Sardinia, Corsica and much of Sicily, in
3168-631: The Volk , later opposed by Ernest Renan ). The increasing emphasis during the 19th century on the ethnic and racial origins of the nation led to a redefinition of the nation-state in these terms. Racism , which in Boulainvilliers 's theories was inherently anti patriotic and antinationalist, joined itself with colonialist imperialism and "continental imperialism ", most notably in pan-Germanic and pan-Slavic movements. The relationship between racism and ethnic nationalism reached its height in
3264-543: The British Empire , the Dutch Empire and smaller nations at what would now be called sub-state level. The multi-ethnic empire was a monarchy, usually absolute , ruled by a king, emperor or sultan . The population belonged to many ethnic groups, and they spoke many languages. The empire was dominated by one ethnic group, and their language was usually the language of public administration. The ruling dynasty
3360-610: The Decrees of Nueva Planta was the first step in the creation of the Spanish nation-state. As in other contemporary European states, political union was the first step in the creation of the Spanish nation-state, in this case not on a uniform ethnic basis, but through the imposition of the political and cultural characteristics of the dominant ethnic group, in this case the Castilians, over those of other ethnic groups, who became national minorities to be assimilated. In fact, since
3456-516: The Hebrew Bible "gave the world the model of nationhood, and even nation-statehood"; however, after the fall of Jerusalem , the Jews lost this status for nearly two millennia, while still preserving their national identity until "the more inevitable rise of Zionism ", in modern times, which sought to establish a nation-state . Eric Hobsbawm argues that the establishment of a French nation
3552-508: The Muslim world , immediately after Muhammad died in 632, Caliphates were established. Caliphates were Islamic states under the leadership of a political-religious successor to the Islamic prophet Muhammad . These polities developed into multi-ethnic trans-national empires. The Ottoman sultan, Selim I (1512–1520) reclaimed the title of caliph, which had been in dispute and asserted by
3648-717: The Ottoman Empire broke up after the First World War , but the Russian Empire was replaced by the Soviet Union in most of its multinational territory after the Russian Civil War . A few of the smaller states survived: the independent principalities of Liechtenstein , Andorra , Monaco , and the Republic of San Marino . ( Vatican City is a special case. All of the larger Papal States save
3744-767: The United Kingdom until World War I , when the Germans breached its neutrality. Currently, Belgium is divided between the Flemings in the north, the French-speaking population in the south, and the German-speaking population in the east. The Flemish population in the north speaks Dutch, the Walloon population in the south speaks either French or, in the east of Liège Province , German. The Brussels population speaks French or Dutch. The Flemish identity
3840-529: The civil law jurisdictions do not share the same constitutional law underpinnings. Common law nations, such as those in the Commonwealth as well as the United States, derive their legal systems from that of the United Kingdom, and as such place emphasis on judicial precedent, whereby consequential court rulings (especially those by higher courts) are a source of law . Civil law jurisdictions, on
3936-453: The executive , and the judiciary are known as the horizontal separation of powers. The first and the second are harmonized in traditional Westminster system . Vertical separation of powers is decentralization. Election law is a subfield of constitutional law. It includes the rules governing the process of elections. These rules enable the translation of the will of the people into functioning democracies . Election law addresses issues who
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4032-572: The "nation-state project of the segment-state trumped the nation-state project of prior statehood. In Moldova, despite strong agitation from university faculty and students for reunification with Romania , the nation-state project forged within the Moldavian SSR trumped the project for a return to the interwar nation-state project of Greater Romania ." See Controversy over linguistic and ethnic identity in Moldova for further details. Israel
4128-459: The 20th century through fascism and Nazism . The specific combination of "nation" ("people") and "state" expressed in such terms as the völkischer Staat and implemented in laws such as the 1935 Nuremberg laws made fascist states such as early Nazi Germany qualitatively different from non-fascist nation-states. Minorities were not considered part of the people ( Volk ) and were consequently denied to have an authentic or legitimate role in such
4224-569: The 20th century, after the break-up of the Soviet Union, leaders appealed to ancient ethnic feuds or tensions that ignited conflict between the Serbs , Croats , and Slovenes , as well as Bosniaks , Montenegrins and Macedonians , eventually breaking up the long collaboration of peoples. Ethnic cleansing was carried out in the Balkans, destroying the formerly socialist republic and producing
4320-518: The Cabinet as Lord Privy Seal under his nephew, Lord North , in January 1770. He had just been restored to his former position of Secretary of State when he died. Like his friends John Russell, 4th Duke of Bedford , and John Montagu, 4th Earl of Sandwich , Halifax was keen on cricket . The earliest surviving record of his involvement in the sport comes from 1741 when he led Northamptonshire in
4416-643: The Castilian language, for which purpose he will give the most temperate and disguised measures so that the effect is achieved, without the care being noticed." From there, actions in the service of assimilation, discreet or aggressive, were continued, and reached to the last detail, such as, in 1799, the Royal Certificate forbidding anyone to "represent, sing and dance pieces that were not in Spanish." These nationalist policies, sometimes very aggressive, and still in force, have been, and still are,
4512-484: The Catalans. One of the responses of Spanish nationalism came from the military state with statements such as that of the publication La Correspondencia militar : "The Catalan problem is not solved, well, by freedom, but by restriction; not by palliatives and pacts, but by iron and fire". Another came from important Spanish intellectuals, such as Pio Baroja and Blasco Ibáñez , calling the Catalans " Jews ", considered
4608-643: The European Union which was intended to be included in the Treaty establishing a Constitution for Europe , that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter . These are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. Canada
4704-693: The Kingdom of the Netherlands are: Each is expressly designated as a land in Dutch law by the Charter for the Kingdom of the Netherlands . Unlike the German Länder and the Austrian Bundesländer , landen is consistently translated as "countries" by the Dutch government. While historical monarchies often brought together different kingdoms/territories/ethnic groups under
4800-622: The Northern Department under Lord Bute in October 1762, switching to the Southern Department in 1763 and was one of the three ministers to whom King George III entrusted the direction of affairs during the premiership of George Grenville . In 1762, in search of evidence of sedition , he authorised a raid on the home of John Entick , declared unlawful in the case of Entick v. Carrington . In 1763, he signed
4896-418: The United Kingdom , rely heavily on uncodified rules, as several legislative statutes and constitutional conventions , their status within constitutional law varies, and the terms of conventions are in some cases strongly contested. Constitutional laws can be considered second order rule making or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and
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#17327732343934992-480: The Vall of Aran and Cerdaña". The nationalization process accelerated in the 19th century, in parallel to the origin of Spanish nationalism , the social, political and ideological movement that tried to shape a Spanish national identity based on the Castilian model, in conflict with the other historical nations of the State. Politicians of the time were aware that despite the aggressive policies pursued up to that time,
5088-576: The Vatican itself were occupied and absorbed by Italy by 1870. The resulting Roman Question was resolved with the rise of the modern state under the 1929 Lateran treaties between Italy and the Holy See .) "Legitimate states that govern effectively and dynamic industrial economies are widely regarded today [2004] as the defining characteristics of a modern nation-state." Nation-states have their characteristics differing from pre-national states. For
5184-642: The case of Spain, with a supposed Spanish race sublimated in Castilian, of which national minorities were degenerate forms, and the first of those that needed to be exterminated. There were even public proposals for the repression of whole Catalonia, and even the extermination of Catalans, such as that of Juan Pujol, Head of Press and Propaganda of the Junta de Defensa Nacional during the Spanish Civil War , in La Voz de España , or that of Queipo de Llano , in
5280-519: The civil wars in Croatia and Bosnia and Herzegovina in 1992–95, resulting in mass population displacements and segregation that radically altered what was once a highly diverse and intermixed ethnic makeup of the region. These conflicts were mainly about creating a new political framework of states, each of which would be ethnically and politically homogeneous. Serbs, Croats and Bosniaks insisted they were ethnically distinct, although many communities had
5376-425: The constitution. In bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election . Constitutional law is a major focus of legal studies and research. For example, most law students in the United States are required to take
5472-502: The courts as completely independent from both the legislature and law enforcement. Human rights law in these countries is as a result, largely built on legal precedent in the courts' interpretation of constitutional law, whereas that of civil law countries is almost exclusively composed of codified law, constitutional or otherwise. Another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter
5568-516: The creation of a national identity under this theory. Some nation-states, such as Germany and Italy , came into existence at least partly as a result of political campaigns by nationalists during the 19th century. In both cases, the territory was previously divided among other states, some very small. At first, the sense of common identity was a cultural movement, such as in the Völkisch movement in German-speaking states, which rapidly acquired
5664-701: The cultural uniformity and homogeneity of the population increased. Conversely, the cultural divergence at the border became sharper: in theory, a uniform French identity extends from the Atlantic coast to the Rhine , and on the other bank of the Rhine, a uniform German identity begins. Both sides have divergent language policy and educational systems to enforce that model. The notion of a unifying "national identity" also extends to countries that host multiple ethnic or language groups, such as India . For example, Switzerland
5760-407: The executive with the bodies under its authority. One of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. For example, in a unitary state , the constitution will vest ultimate authority in one central administration and legislature , and judiciary , though there is often a delegation of power or authority to local or municipal authorities. When
5856-565: The foundation of Nova Scotia , 1749, the capital Halifax being named after him. When Canada was ceded to the King of Great Britain by the King of France, following the Treaty of Paris of 1763 , he restricted its boundaries and renamed it " Province of Quebec ". The son of the 1st Earl of Halifax , he was styled Viscount Sunbury until succeeding his father as Earl of Halifax in 1739 (thus also styled in common usage Lord Halifax ). Educated at Eton College and at Trinity College, Cambridge , he
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#17327732343935952-597: The frequency of nation-state creation to processes of diffusion that emanate from international organizations. In Europe , during the 18th century, the classic non-national states were the multiethnic empires , the Austrian Empire , the Kingdom of France (and its empire ), the Kingdom of Hungary , the Russian Empire , the Portuguese Empire , the Spanish Empire , the Ottoman Empire ,
6048-428: The general principles of the constitution... are with us the result of judicial decisions determining the rights of private persons in particular cases brought before the courts" Separation of powers is often regarded as a second limb functioning alongside the rule of law to curb the powers of the government. In many modern nation states, power is divided and vested into three branches of government: The legislature ,
6144-454: The general warrant for the "authors, printers and publishers" of The North Briton number 45, under which John Wilkes and 48 others were arrested, and for which, six years later, the courts of law made Halifax pay damages. He was also mainly responsible for the exclusion of the name of the King's mother, Augusta, Princess of Wales , from the Regency Bill of 1765. Together with his colleagues, Halifax left office in July 1765, returning to
6240-464: The government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, such as the United States , India , and Singapore , constitutional law is based on the text of a document ratified at the time the nation came into being. Other constitutions, notably that of
6336-406: The impressions surrounding the characters of " nation ", " (sovereign) state ", "nation-state", and " nationalism ". Connor, who gave the term " ethnonationalism " wide currency, also discusses the tendency to confuse nation and state and the treatment of all states as if nation states. The origins and early history of nation-states are disputed. A major theoretical question is: "Which came first,
6432-437: The inhabitants shared the language of the surrounding region. In some cases, these states were overthrown by nationalist uprisings in the 19th century. Liberal ideas of free trade played a role in German unification, which was preceded by a customs union , the Zollverein . However, the Austro-Prussian War and the German alliances in the Franco-Prussian War were decisive in the unification. The Austro-Hungarian Empire and
6528-416: The kings had to swear by the Laws of each territory before the respective Parliaments . Forming the Spanish Empire , at this time the Hispanic Monarchy had its maximum territorial expansion. After the War of the Spanish Succession , rooted in the political position of the Count-Duke of Olivares and the absolutism of Philip V , the assimilation of the Crown of Aragon by the Castilian Crown through
6624-422: The latter being named after Halifax. The tracts were published in England between 1559 and 1776, and relate to the union between England and Scotland , the Civil War and the Restoration . Many of the tracts were written by Daniel Defoe and Jonathan Swift under pseudonyms. The municipality of Halifax and Halifax County, Nova Scotia , are named in his honour, as are the Halifax River in Central Florida;
6720-414: The limited restrictions of their borders. The most noticeable characteristic is the degree to which nation-states use the state as an instrument of national unity in economic, social and cultural life. The nation-state promoted economic unity by abolishing internal customs and tolls . In Germany, that process, the creation of the Zollverein , preceded formal national unity. Nation states typically have
6816-538: The nation or the nation-state?" Scholars such as Steven Weber , David Woodward , Michel Foucault and Jeremy Black have advanced the hypothesis that the nation-state did not arise out of political ingenuity or an unknown undetermined source, nor was it a political invention; rather, it is an inadvertent by-product of 15th-century intellectual discoveries in political economy , capitalism , mercantilism , political geography , and geography combined with cartography and advances in map-making technologies . It
6912-533: The nation-state as a 19th-century European phenomenon facilitated by developments such as state-mandated education, mass literacy and mass media . However, historians also note the early emergence of a relatively unified state and identity in Portugal and the Dutch Republic , and some date the emergence of nations even earlier. Adrian Hastings , for instance, argued that Ancient Israel as depicted in
7008-542: The nation-state, but the nation-state meets the criteria for its component states (by assuming that there is no disputed territory). Before the Westphalian system, the closest geopolitical system was the "Chanyuan system" established in East Asia in 1005 through the Treaty of Chanyuan , which, like the Westphalian peace treaties, designated national borders between the independent regimes of China's Song dynasty and
7104-586: The number of Italian speakers in Italy was even lower at the time of Italian unification , similar arguments have been made regarding the modern Italian nation, with both the French and the Italian states promoting the replacement of various regional dialects and languages with standardized dialects . The introduction of conscription and the Third Republic 's 1880s laws on public instruction facilitated
7200-537: The other Christian kings of the peninsula: "... if these four Kings of Spain whom he named, who are of one flesh and blood, held together, little need they fear all the other powers of the world. ..". After the dynastic union of the Catholic Monarchs in the 15th century, the Spanish Monarchy ruled over different kingdoms, each with its own cultural, linguistic and political particularities, and
7296-549: The other hand, has one judiciary divided into district courts, high courts, and the Supreme Court of India . Human rights or civil liberties form a crucial part of a country's constitution and uphold the rights of the individual against the state. Most jurisdictions, like the United States and France , have a codified constitution, with a bill of rights . A recent example is the Charter of Fundamental Rights of
7392-404: The other hand, place less emphasis on judicial review and only the parliament or legislature has the power to effect law. As a result, the structure of the judiciary differs significantly between the two, with common law judiciaries being adversarial and civil law judiciaries being inquisitorial . Common law judicatures consequently separate the judiciary from the prosecution, thereby establishing
7488-543: The political unification of 1714, Spanish assimilation policies towards Catalan-speaking territories ( Catalonia , Valencia , the Balearic Islands , part of Aragon ) and other national minorities, as Basques and Galicians , have been a historical constant. The process of assimilation began with secret instructions to the corregidores of the Catalan territory: they "will take the utmost care to introduce
7584-475: The population was less diverse. (The internal diversity of the Ottoman Empire , for instance, was very great.) After the 19th-century triumph of the nation-state in Europe, regional identity was subordinate to national identity in regions such as Alsace-Lorraine , Catalonia , Brittany and Corsica . In many cases, the regional administration was also subordinated to the central (national) government. This process
7680-505: The population, are the largest ethnic minority in Israel. Israel also has very small communities of Armenians , Circassians , Assyrians , Samaritans . There are also some non-Jewish spouses of Israeli Jews. However, these communities are very small, and usually number only in the hundreds or thousands. The Kingdom of the Netherlands presents an unusual example in which one kingdom represents four distinct countries. The four countries of
7776-414: The post-war era. Non-state actors, such as international corporations and non-governmental organizations , are widely seen as eroding the economic and political power of nation-states. According to Andreas Wimmer and Yuval Feinstein, nation-states tended to emerge when power shifts allowed nationalists to overthrow existing regimes or absorb existing administrative units. Xue Li and Alexander Hicks links
7872-399: The rule of law: Dicey's rule of law formula consists of three classic tenets. The first is that the regular law is supreme over arbitrary and discretionary powers. "[N]o man is punishable ... except for a distinct breach of the law established in the ordinary legal manner before the ordinary courts of the land." The second is that all men are to stand equal in the eyes of the law. "...no man
7968-645: The same crown, in modern nation states political elites seek a uniformity of the population, leading to state nationalism. In the case of the Christian territories of the future Spain , neighboring Al-Andalus , there was an early perception of ethnicity, faith and shared territory in the Middle Ages (13th–14th centuries), as documented by the Chronicle of Muntaner in the proposal of the Castilian king to
8064-409: The seed of repeated territorial conflicts within the State. Although official Spanish history describes a "natural" decline of the Catalan language and increasing replacement by Spanish between the 16th and 19th centuries, especially among the upper classes, a survey of language usage in 1807, commissioned by Napoleon , indicates that except in the royal courts, Spanish is absent from everyday life. It
8160-412: The semi-nomadic Liao dynasty . This system was copied and developed in East Asia in the following centuries until the establishment of the pan-Eurasian Mongol Empire in the 13th century. The nation-state received a philosophical underpinning in the era of Romanticism , at first as the "natural" expression of the individual peoples ( romantic nationalism : see Johann Gottlieb Fichte 's conception of
8256-520: The uniform and monocultural "Spanish nation" did not exist, as indicated in 1835 by Antonio Alcalà Galiano , when in the Cortes del Estatuto Real he defended the effort "To make the Spanish nation a nation that neither is nor has been until now." In 1906, the Catalanist party Solidaritat Catalana was founded to try to mitigate the economically and culturally oppressive treatment of Spain towards
8352-417: Was a political scandal for part of Halifax's career. Halifax was buried in the parish church of Horton, Northamptonshire ; an effigy bust and plaque features in the north transept of Westminster Abbey . An obelisk is erected at Chicksands Wood in the parish of Haynes, Bedfordshire , inscribed to his memory. University College London holds over 4000 tracts in its Lansdowne and Halifax tracts collections,
8448-402: Was financially ruined by the effort. He was a political patron of playwright and civil servant Richard Cumberland . He left no legitimate male children, and his titles became extinct on his death. Horace Walpole, 4th Earl of Orford , spoke slightingly of him and his mistress, Anna Maria Faulkner , including alleging that Halifax had "sold every employment in his gift". His mistress had kept
8544-714: Was founded as a Jewish state in 1948. Its " Basic Laws " describe it as both a Jewish and a democratic state. The Basic Law: Israel as the Nation-State of the Jewish People (2018) explicitly specifies the nature of the State of Israel as the nation-state of the Jewish people . According to the Israel Central Bureau of Statistics , 75.7% of Israel's population are Jews. Arabs , who make up 20.4% of
8640-470: Was married in 1741 to Anne Richards (died 1753), who had inherited a great fortune from Sir Thomas Dunk , whose name Halifax took. After having been an official in the household of Frederick, Prince of Wales , Halifax was made Master of the Buckhounds , and in 1748 he became President of the Board of Trade . While filling this position he helped to found Halifax , the capital of Nova Scotia , which
8736-469: Was named after him, and he helped foster trade, especially with North America. About this time he attempted, unsuccessfully, to become a Secretary of State, but was only allowed to enter the Cabinet in 1757. In March 1761, Halifax was appointed Lord Lieutenant of Ireland , and during part of the time which he held this office he was also First Lord of the Admiralty . He became Secretary of State for
8832-489: Was not the result of French nationalism , which would not emerge until the end of the 19th century, but rather the policies implemented by pre-existing French states. Many of these reforms were implemented since the French Revolution , at which time only half of the French people spoke some French – with only a quarter of those speaking the version of it found in literature and places of learning. As
8928-418: Was partially reversed from the 1970s onward, with the introduction of various forms of regional autonomy , in formerly centralised states such as Spain or Italy . The most apparent impact of the nation-state, as compared to its non-national predecessors, is creating a uniform national culture through state policy. The model of the nation-state implies that its population constitutes a nation , united by
9024-451: Was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it ever so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment." The common law and
9120-727: Was usually, but not always, from that group. This type of state is not specifically European: such empires existed in Asia, Africa and the Americas. Chinese dynasties, such as the Tang dynasty , the Yuan dynasty , and the Qing dynasty , were all multiethnic regimes governed by a ruling ethnic group. In the three examples, their ruling ethnic groups were the Han-Chinese , Mongols , and the Manchus . In
9216-399: Was with these intellectual discoveries and technological advances that the nation-state arose. For others, the nation existed first, then nationalist movements arose for sovereignty , and the nation-state was created to meet that demand. Some " modernization theories " of nationalism see it as a product of government policies to unify and modernize an already existing state. Most theories see
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