Which constitutional provision did the most to advance the aspect of democracy Tocqueville describes?

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Abstract

Tocqueville's chapter on the American Constitution reflects on the attempt to superimpose a large-scale union upon what was originally a loose collection of self-governing local democracies. The latter are communities which draw easily from the natural basis for public-spiritedness, which is local patriotism. The constitutional system, on the other hand, must nurture loyalty to a union whose core is a set of legal formalities specifying the allocation of powers. Tocqueville shows that the federal union avoids the combination of republicanism with extreme centralization that was sought by the revolutionaries in France. Nevertheless, the constitutional system harbours a tension between the original, more natural sources of civic loyalty and the abstract principles necessary for a national structure based upon complex theories of federation. The insight into this tension between constitutional idea and local democratic practice is at the heart of Tocqueville's reservations about the future of the union.

Journal Information

History of Political Thought (HPT) is a quarterly journal which was launched in 1980 to fill a genuine academic need for a forum for work in this multidisciplinary area. Although a subject central to the study of politics and history, researchers in this field had previously to compete for publication space in journals whose intellectual centres of gravity were located in other disciplines.

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Abstract

In recent years there has been a debate about how to evaluate Alexis de Tocqueville's defense of colonialism. Some scholars have argued that there is a tension between the key doctrines of Tocqueville's political theory and his enthusiastic promotion of the French conquest and colonization of Algeria. Others have concluded that the apparent contradiction can be explained by paying careful attention to the nuances of his work or the logic of liberalism. This article advances this debate by reconstructing Tocqueville's theory of martial law, a dimension of his work that has been frequently overlooked. In a series of letters, notes and parliamentary reports on Algeria, Tocqueville criticized of the use of martial law in governing French citizens and defended its use against native Algerians. Tocqueville's writings on Algeria make it clear that he treated the rule of law not as a natural right held by all people but rather as a technique of government that was appropriate in communities already united by social ties. /// Récemment, l'interprétation de la défense du colonialisme par Alexis de Tocqueville est devenue l'objet d'un débat important. Certains auteurs discernent une tension entre les principes centraux de la philosophie politique de Tocqueville et sa promotion enthousiaste de la conquête et la colonisation de l'Algérie par la France. D'autres ont conclu que la contradiction apparente s'explique lorsqu'on regarde de près les nuances de ses écrits sur la logique interne du libéralisme. Cet article contribue à ce débat en reconstruisant la théorie de la loi martiale de Tocqueville - une dimension de son oeuvre trop souvent négligée. Dans une série de lettres, notes et rapports parlementaires sur l'Algérie, Tocqueville a critiqué l'usage de la loi martiale dans le gouvernement des citoyens français, mais l'a défendu contre les indigènes. Ses écrits sur l'Algérie démontrent que Tocqueville considérait l'État de droit non comme un droit naturel inhérent à la personne, mais plutôt comme une technique de gouvernement s'appliquant principalement aux communautés déjà unies par des liens sociaux.

Journal Information

Canadian Journal of Political Science/Revue canadienne de science politique is published quarterly, and presents articles, notes, commentaries and book reviews in English and in French. The first objective of CJPS/Rcsp is the publication of outstanding scholarly manuscripts on all areas of political science, including the history of political thought, contemporary political theory, international relations and foreign policy, governmental institutions and processes, political behavior, public administration and public policy. In addition, as a leading omnibus journal, it is the primary publishing outlet for innovative research on all facets of Canadian politics and government. The third major objective of CJPS/Rcsp is publication of communications about current problems, recent research, and future prospects in political science through a review of recent books published by Canadian and non-Canadian authors in all fields of political science as well as comments on articles and replies to comments and field analyses.

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The Canadian Political Science Association was founded in 1913 and incorporated under the Canada Corporation Act in 1971. The objectives of the Association as stated in its Constitution are: To encourage and develop political science and its relationship with other disciplines; To hold conferences, meetings and exhibitions for the discussion of political science problems and the exchange of views in matters relating to political science; To purchase, acquire, take by gift, any devise, bequest, or donation for the objectives of the corporation; To give grants, scholarships or fellowships to deserving individuals, groups of persons or organizations in pursuance of the objects of the corporation; To publish journals, newspapers, books and monographs relating to political science The Association as such, will not assume a position upon any question of public policy not directly related to the discipline of political science or commit its members to any position thereupon.

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Canadian Journal of Political Science / Revue canadienne de science politique © 2008 Canadian Political Science Association
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