The distinction between national and new minorities. When women won the right to vote after World... Write an essay that explains your understanding of... Is the US a nation state? 3.1.2. Nation-states have a near monopoly on sovereignty and the legitimate use of force under international law and custom. 12. 55. Does your Constitution give a definition or refer to the nature of your state (national, federal, multinational, etc.)? • On the other hand, a state is defined as a patch of land with a sovereign government. It observes that the reply from the Committee of Ministers to this recommendation was terse, to say the least. Some constitutions explicitly recognise the existence of national or ethnic or linguistic minorities without mentioning the groups concerned and simply lay down the principle of recognition of their rights (enjoyment of the rights and fundamental freedoms recognised in the constitution; right to promote their ethnic, cultural, linguistic and religious identity; the right to education; recognition of the “national” language; setting up of representative local self-government bodies, etc). Is it necessary to adopt a new definition or do the existing definitions suffice? This was essentially a cultural response expressing a right to preserve, foster and express the four key components of a nation’s identity: language, culture, traditions and ethnic origins. Poland: the preamble to the Constitution begins with the words “We, the Polish Nation” and Article 4 provides that “supreme power in the Republic of Poland shall be vested in the Nation”. 64. Romania: Article 1 of the constitution provides that � Romania is a (…) indivisible Nation State (…); Article 2 provides that � National sovereignty resides with the Romanian people, who shall exercise it through its representative bodies and by referendum.� and Article 4 that � The State foundation is laid on the unity of the Romanian people. According to Recommendation 1623 (2003), “the Assembly considers that the states parties do not have an unconditional right to decide which groups within their territories qualify as national minorities in the sense of the framework convention. Effective machinery for the protection of the rights of minorities has been set up at both national and international level. 104. This is a very narrow definition that presumes the existence of the “one nation, one state” model. However, the word “nation” recur throughout the Constitution: “Members of parliament represent the nation (..)” (Article 67) ; ”The president is head of state and represents the unity of the nation “ (Article 87). Moreover the Constitution of Spain makes a distinction between the “Spaniards” and the “peoples of Spain”. 8. 106. 71. 77. The word “people” is unquestionably more widespread. If not, please indicate the reasons why. Through its case-law, the Court can influence national judicial practice. Estonian constitutional lawyers agree that their Constitution is inspired more by the concept of nation than by other notions. 95. 12. This concept, that of the linguistic nation, confers legitimacy on the aspirations to political unity of a distinct linguistic community divided by frontiers whose members are bound together by the feeling of belonging to the same national community, by a common destiny and a common will to belong to a real. 68. -        Article 5 of the Constitution of Slovenia also provides that the State “shall maintain concern for autochthonous Slovene national minorities in neighbouring countries and for Slovene emigrants and workers abroad and shall foster their contacts with the homeland. Only effective legal instruments can have the impact required to further the rights of minorities. 47. 3.1.3. The replies to the question on whether the law of the member states draws a distinction between so-called traditional minorities and new minorities are instructive. Comprises a political concept origin respectively nation ’. ” nor that of national... 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