Constitutionalizing Secession In Federalized States
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Author | : Miodrag A. Jovanović |
Publisher | : Eleven International Publishing |
Total Pages | : 257 |
Release | : 2007 |
Genre | : Federal government |
ISBN | : 9077596275 |
This book is a thorough and professional study about secession. Starting from the perspective of contemporary political philosophy, the book explores the relevance of this issue for the theory and practice of federalism, as well as its status under current public international law, and concludes with a comparative constitutional analysis of the subject matter. In the final chapter, it provides a constitutionalized procedure of secession, based on fundamental liberal-democratic values. The book argues that a liberal-democratic response to the secession controversy might consist of the constitutionalization of a right to secession. While a number of recent works in political theory point to the fact that, under certain circumstances, the moral right of a group to secession should be recognized, only a few of them are ready to defend the institutionalization of that right through the instruments of constitutional law. This topical and thought-provoking book is a welcome contribution to the ongoing debate on secession and will be of interest to academics in a variety of disciplines, such as law, history, politics, international relations, philosophy and applied ethics, and to politicians and constitution-drafters.
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.
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.
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.
Author | : Aleksandar Pavković |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 198 |
Release | : 2008 |
Genre | : Political Science |
ISBN | : 9780754673798 |
This collection explores the changes that the current international order has brought to the theory and practice of recognition of secessionist claims and to the conditions for secessionist mobilization. The contributors employ comparative analysis within legal, international relations and political science frameworks and examine several recent attempts at 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.
Author | : András Jakab |
Publisher | : Cambridge University Press |
Total Pages | : 531 |
Release | : 2016-04-15 |
Genre | : Law |
ISBN | : 1316531368 |
If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond.
Author | : Christian Walter |
Publisher | : |
Total Pages | : 337 |
Release | : 2014 |
Genre | : History |
ISBN | : 019870237X |
Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Armenia), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
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.
Author | : Martin Riegl |
Publisher | : Springer Nature |
Total Pages | : 145 |
Release | : 2020-06-24 |
Genre | : Political Science |
ISBN | : 303048274X |
This book explores the changing nature of secessionist attempts in connection with rapidly evolving geopolitical and technological landscapes. By presenting theoretical chapters as well as case studies on various secessionist movements around the globe, the contributing authors study a range of topics, including: the role of the media in secessionist conflicts; secessionist referenda and the viability of secessionist attempts in terms of their internal dimension; and external support and interference. The book will appeal to political scientists and international relations scholars who are interested in the processes, politics and geopolitical implications of secessionist movements.