Satalak, Pataramon and Summers, James and Wheatley, Steven (2018) The role of referendum and non-referendum mechanisms for state-framing processes. PhD thesis, Lancaster University.
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Abstract
This thesis presents how the ‘will of the people’ is legitimized in the practical application of external self-determination. Since international law recognizes people as political communities, if they are sufficiently knowledgeable and aware of their rights, their involvement can legitimize the actions of their governmental authority. In order for the people’s deliberations- or self-governance- to be considered legitimate, the expression of their will in territorial alteration decision-making processes must be continuous. Moreover it is necessary to have responsible institutional and legal frameworks to guarantee that the people’s will is both considered and put into action. Using republican liberal theory, this study will explore the importance of ordinary citizens in determining their territorial status. The theory foregrounds the right to participate in determining their own destiny, and suggests a number of practical ways in which democratic legitimacy can be achieved. In order that the people’s will be considered legitimate, republican liberalism promotes ongoing interactions between ordinary citizens, democratic mechanisms, institutions and legal instruments. In order to ensure that any self-determination process conforms to republican liberal theory’s requirements for legitimacy, the process must empower people both individually and collectively to participate. It must also ensure that all citizens are considered equal and have political equality, regardless of their ethnic, racial, religious or linguistic backgrounds. In addition, republican liberal theory stresses the power of the people to check and scrutinize governmental authorities, and addresses the importance of law (constitution or statutes) in guaranteeing that the will of the people is central to any political decision regarding their future status.