Constitutional Law And Politics Of Secession


Constitutional Law And Politics Of Secession
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Constitutional Law And Politics Of Secession


Constitutional Law And Politics Of Secession
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Author : Antoni Abat i Ninet
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-31

Constitutional Law And Politics Of Secession written by Antoni Abat i Ninet and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-31 with Law categories.


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.



Constitutional Law And Politics Of Secession


Constitutional Law And Politics Of Secession
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Author : Antoni Abat i Ninet
language : en
Publisher:
Release Date : 2023

Constitutional Law And Politics Of Secession written by Antoni Abat i Ninet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with LAW categories.


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.



A Constitutional History Of Secession


A Constitutional History Of Secession
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Author : John Remington Graham
language : en
Publisher: Shotwell Publishing LLC
Release Date : 2022-08-30

A Constitutional History Of Secession written by John Remington Graham and has been published by Shotwell Publishing LLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-30 with Law categories.


UNTIL A FEW YEARS AGO anyone who spoke of secession as a legal right could expect to be scoffed at as the advocate of a permanently outmoded idea. In recent decades, however, separatist movements have appeared across Europe and North America. Peoples are seeking to reclaim their self-government from centralized nation[1]states and secession can now be seriously discussed. John Remington Graham has brought his considerable knowledge to the question. He finds that secession is form of peaceable and lawful revolution rooted in the English Revolution of 1688 and 1689, usable today as in the past, and a living part of Anglo-American constitutional law and tradition. Clyde Wilson, an eminent scholar of the statesman John C. Calhoun, has said of this work, "Had I the power, I would require every professor of history, political science, and law in America to read Graham's work. Nowhere is there a truer and more thorough treatment of the real origins and nature of freedom and self-government. This work is essential for those who would like to recover those great blessings."



Territorial Politics And Secession


Territorial Politics And Secession
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Author : Martin Belov
language : en
Publisher:
Release Date : 2021

Territorial Politics And Secession written by Martin Belov and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.


This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics. Dr. Martin Belov is Professor in Constitutional and Comparative Constitutional Law at the University of Sofia 'St. Kliment Ohridski', Faculty of Law. He is vice dean of the same faculty. Martin Belov is also adjunct professor at the University Roma Tre (Rome, Italy) and visiting professor in many European universities.



Territorial Politics And Secession


Territorial Politics And Secession
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Author : Martin Belov
language : en
Publisher: Springer Nature
Release Date : 2021-03-29

Territorial Politics And Secession written by Martin Belov and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-29 with Political Science categories.


This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.



Between Democracy And Law


Between Democracy And Law
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Author : Carlos Closa
language : en
Publisher: Routledge
Release Date : 2019-09-30

Between Democracy And Law written by Carlos Closa and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-30 with Law categories.


This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).



The Canadian Contribution To A Comparative Law Of Secession


The Canadian Contribution To A Comparative Law Of Secession
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Author : Giacomo Delledonne
language : en
Publisher: Springer
Release Date : 2018-12-11

The Canadian Contribution To A Comparative Law Of Secession written by Giacomo Delledonne and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-11 with Political Science categories.


This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.



Morality And Legality Of Secession


Morality And Legality Of Secession
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Author : Pau Bossacoma Busquets
language : en
Publisher: Springer Nature
Release Date : 2019-11-19

Morality And Legality Of Secession written by Pau Bossacoma Busquets and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-19 with Law categories.


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.



Constitutionalising Secession


Constitutionalising Secession
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Author : David Haljan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-11-01

Constitutionalising Secession written by David Haljan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-01 with Law categories.


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


Constitutional Law
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Author : Joel Parker
language : en
Publisher:
Release Date : 1862

Constitutional Law written by Joel Parker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1862 with Constitutional law categories.