Constitutionalising Secession

Constitutionalising Secession
Author: David Haljan
Publisher: Bloomsbury Publishing
Total Pages: 450
Release: 2014-11-01
Genre: Law
ISBN: 1782253300

Constitutionalising Secession proceeds from the question, 'What, if anything, does the law have to say about a secession crisis?' But rather than approaching secession through the optic of political or nationalist institutional accommodation, this book focuses on the underpinnings to a constitutional order as a law-making community, underpinnings laid bare by secession pressures. Relying on the corrosive effects of secession, it explores the deep structure of a constitutional order and the motive forces creating and sustaining that order. A core idea is that the normativity of law is best understood, through a constitutional optic, as an integrative, associative force. Constitutionalising Secession critically analyses conceptions of constitutional order implicit in the leading models of secession, and takes as a leading case-study the judicial and legislative response to secession in Canada. The book therefore develops a concept of constitutionalism and law-making - 'associative constitutionalism' - to describe their deep structure as a continuing, integrative process of association. This model of a dynamic process of value formation can address both the association and the disassociation of constitutional systems.

Constitutional Law and Politics of Secession

Constitutional Law and Politics of Secession
Author: Antoni Abat i Ninet
Publisher: Taylor & Francis
Total Pages: 283
Release: 2023-07-31
Genre: Law
ISBN: 1000919315

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

Secessionism

Secessionism
Author: Jason Sorens
Publisher: McGill-Queen's Press - MQUP
Total Pages: 234
Release: 2012
Genre: Political Science
ISBN: 0773538968

An examination of the reasons independence movements remain peaceful or become violent

Claims for Secession and Federalism

Claims for Secession and Federalism
Author: Alberto López Basaguren
Publisher:
Total Pages: 588
Release: 2019
Genre: Conflict management
ISBN: 9783319597089

This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflicts. The debate has rarely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec and the Sudan - all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit. Exploring how various nations have encountered comparable conflicts, some more and some less successfully, the book broadens the perspectives of scholars, government officials, and citizens struggling to resolve sovereignty conflicts with a full appreciation of the underlying principles they represent.

Unrecognized Entities

Unrecognized Entities
Author:
Publisher: BRILL
Total Pages: 288
Release: 2021-12-28
Genre: Law
ISBN: 9004499105

The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.

Morality and Legality of Secession

Morality and Legality of Secession
Author: Pau Bossacoma Busquets
Publisher: Springer Nature
Total Pages: 393
Release: 2019-11-19
Genre: Law
ISBN: 3030265897

This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.

Negotiating Nationalism

Negotiating Nationalism
Author: W. J. Norman
Publisher: Oxford University Press
Total Pages: 280
Release: 2006-05-25
Genre: Law
ISBN:

There are at least three times as many nations as states in the world today. This book addresses some of the special challenges that arise when two or more national communities re the same (multinational) state. As a work in normative political philosophy its principal aim is to evaluate the political and institutional choices of citizens and governments in states with rival nationalist discourses and nation-building projects. The first chapter takes stock of a decade of intensephilosophical and sociological debates about the nature of nations and nationalism. Norman identifies points of consensus in these debates, as well as issues that do not have to be definitively resolved in order to proceed with normative theorizing. He recommends thinking of nationalism as a form ofdiscourse, a way of arguing and mobilizing support, and not primarily as a belief in a principle. A liberal nationalist, then, is someone who uses nationalist arguments, or appeals to nationalist sentiments, in order to rally support for liberal policies. The rest of the book is taken up with the three big political and institutional choices in multinational states. First, what can political actors and governments legitimately do to shape citizens' national identity or identities? This is thecore question in the ethics of nation-building, or what Norman calls national engineering. Second, how can minority and majority national communities each be given an adequate degree of self-determination, including equal rights to carry out nation-building projects, within a democratic federal state?Finally, even in a world where most national minorities cannot have their own state, how should the constitutions of multinational federations regulate secessionist politics within the rule of law and the ideals of democracy? More than a decade after Yael Tamir's ground-breaking Liberal Nationalism, Norman finds that these three great practical and institutional questions have still rarely been addressed within a comprehensive normative theory of nationalism.

Federalism and Secession

Federalism and Secession
Author: Jorge Cagiao y Conde
Publisher: P.I.E-Peter Lang S.A., Editions Scientifiques Internationales
Total Pages: 198
Release: 2021-02-26
Genre:
ISBN: 9782807617124

The controversial issue of secession has received little attention from experts of federalism. The best federal studies either evade it or dismiss it in a few lines. However, the issue of secession has been present throughout the history of federations. This book is one of the first to explore the complex relationship between federalism and secession. The authors whose work is presented here recognize the potential of federalism as a way to organize relations between several different states, peoples, nations or territories under the same government. However, they are not naïve or idealist about the ability of the federal idea to succeed in the complex situations in which it is applied. In some cases success seems assured (the United States, Switzerland, Germany, etc.), and the merits of federalism can be showcased. But there are also failures (the former Yugoslavia, or more recently Brexit) and semi-failures that have generated turbulence in recent years in devolutive systems (Scotland in the United Kingdom, Catalonia in Spain) or federative systems (Québec in Canada). This book provides a nuanced portrait of the issue of secession in federal contexts and lays the groundwork for questioning the still too fragile legacy of the great thinkers of federalism.