2020
Statelessness & Citizenship Review
2(2)
in isolation, is constitutional citizenship the best way to analyse such an attack, or
is constitutionalism itself on the line here?
In addition to such suspected conceptual boundaries to the broader realms of
citizenship and constitutionalism, the concept of constitutional citizenship is also
empirically limited. It is not helpful to analyse any polity at any time. Shaw
suggests that constitutional citizenship might not play a role at all in some cases.
There can even be such an ‘absence’, for example, where there is little
‘constitutional content’ to citizenship and where the dominant understanding of
membership is independent of citizenship status. Shaw cites Christian Fernández’
discussion of the Swedish case in this context, where citizenship is mentioned in
the four constitutional documents, but where the understanding of membership
remains detached from state and citizenship and closely tied to nationhood. 28 In
other words, the constitutional citizen is not the main character in the dominant
Swedish narrative of peoplehood. Nevertheless, can the constitutional citizen
really be ‘absent’? As discussed in the previous Part, Shaw shows that one can
learn about constitutional citizenship beyond citizenship regimes or the explicit
mention of citizenship in constitutions. She discusses in detail how equality and
dignity underpin constitutional citizenship substantively and fulfil, or fail to fulfil,
citizenship’s promise of full membership. 29 Against this background, could not
the particular Swedish interpretation of these values provide some insight to what
a Swedish version of constitutional citizenship may look like? In other words, is
constitutional citizenship really ‘absent’ if it is not dominant in constitutional
discourse and narratives of peoplehood — or is it always in the background, as an
alternative story waiting to be told?
CONCLUSION
Overall, Shaw’s The People in Question offers everything but a simple narrative
with a predictable plotline and unambiguous answers. Instead, it provides
insightful and carefully crafted theoretical conceptualisations, clear
methodological reflections and an astounding wealth of empirical illustrations.
Students of constitutionalism, citizenship and political communities hungry for a
broadening of their intellectual horizons will immensely profit from reading this
book.
28
29
ibid 38, 59–60; Christian Fernández, ‘The Unbearable Lightness of Being Swedish? On the
Ideological Thinness of a Liberal Citizenship Regime’ (2019) 19(4) Ethnicities 674. The
Swedish constitution consists of four documents: see Regeringsformen [‘Instrument of
Government’], SFS 1974:152 (subsequently amended) (Sweden); Tryckfrihetsförordningen
[‘Act of Succession’], SFS 1820:926 (amended 1979) (Sweden); Yttrandefrihetsgrundlagen
[‘Freedom of Press Act’], SFS 1949:105 (subsequently amended) (Sweden);
Successionsordningená [‘Law on Freedom of Expression’], SFS 1991:1469 (subsequently
amended) (Sweden).
Shaw (n 1) 77–87.
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