2020
Statelessness & Citizenship Review
2(2)
addressing citizenship regimes’. 12 Shaw’s book, she argues, opens a new way to
capture and analyse this relation.
The contribution by Natalie Baird shifts the focus to ‘the shadow of
statelessness’, which ‘lurks throughout the book without being its central focus’. 13
She discusses how constitutions regulate (or fail to regulate) statelessness, arguing
that it does not come as a surprise that most constitutions remain silent on those
excluded from ‘the people’. She finds, however, that whenever constitutional
provisions on statelessness actually exist, they can provide ‘a constitutional
bulwark’ useful for protecting the rights of stateless persons. 14 Baird underlines
Shaw’s insistence on the profound impact of discrimination on both citizenship
and statelessness. 15 Finally, drawing on Shaw’s analysis of a fragmented
governance of citizenship across different levels, she suggests that the emerging
international framework on citizenship can offer innovative and creative ways to
strengthen the framing of citizenship and statelessness in rights terms.
Julija Sardelić’s contribution keeps the focus on those at the margins of
constitutional citizenship and asks what Shaw’s contemplation on the relations
between the concepts of citizenship, constitutions and the people could mean for
marginalised minorities. 16 Sardelić uses the case of Romani minorities claiming
access to water rights in Slovenia and the resistance of the settler-colonial states
Australia, New Zealand, Canada and the United States to the United Nations
Declaration on the Rights of Indigenous Peoples 17 as examples to illustrate how
majority citizens strategically use the notion of the constitutional to exclude
minority populations and how these minorities, in turn, struggle to secure their
constitutional rights as citizens on an equal basis. She thereby aptly illustrates the
ambivalences enshrined in Shaw’s concept of constitutional citizenship. She
highlights the close connections between race, discrimination and exclusion that
underpin Shaw’s analysis of constitutional citizenship. Sardelić’s contribution
shows how important Shaw’s concept of constitutional citizenship is for finally
recognising marginalised minorities and indigenous populations in the definition
of ‘the people’.
Kriszta Kovács’ contribution finally zooms in on the populist challenge to
constitutional citizenship identified by Shaw as one of the developments that puts
constitutional citizenship under pressure. 18 Kovács first reflects on the definition
of populism in Shaw’s book and compares it to other theoretical accounts of
populism. On that basis she discusses how ethnonational populists strategically
reinterpret the concepts of the people and sovereignty for their political goals. She
illustrates how a populist understanding of ‘the people’ differs from
constitutionalist approaches and how this allows popular sovereignty to be
reframed as national sovereignty and be established as an ethnic vision of ‘we the
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14
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16
17
18
Johanna Hase, ‘The Constitutional Citizen in Narratives of Peoplehood’ (2020) 2(2)
Statelessness & Citizenship Review 372, 375.
Shaw (n 1) 59.
Natalie Baird, ‘Constitutions, Citizenship and the Shadow of Statelessness’ (2020) 2(2)
Stateleessness & Citizenship Review 377, 379.
ibid 379–80.
Julija Sardelić, ‘Citizenship, Constitutions and People on the Margins’ (2020) 2(2)
Statelessness & Citizenship Review 384.
United Nations Declaration on the Rights of Indigenous Peoples, UN Doc A/RES/61/295 (2
October 2007) (‘UNDRIP’).
Kriszta Kovacs, ‘People, Sovereignty and Citizenship: The Ethnonational Populists’
Constitutional Vocabulary’ (2020) 2(2) Statelessness & Citizenship Review 389.
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