Independence Referendums and Democratic Theory in Quebec and Montenegro

Abstract

The article tackles some of the questions that arise from the invocation of “the people” in independence referendums in a contextualized way by examining the constitutional experience of two independence referendums: Quebec's unsuccessful independence referendum in 1995 and Montenegro's successful one in 2006. I argue that democratic theory does not presuppose the unified people as a decision-making unit, but rather that it conceals two, more logically primitive—and to an extent conflicted—general conceptions relevant to independence referendums. While not arbitrating between them, the concluding part argues that the tension in democratic theory ought to, at a minimum, contribute to reducing the vehemence of nationalist politics involved in attempts to achieve political independence.