Constitutionalising Secession

Constitutionalising Secession PDF
Author: David Haljan
Publisher: Bloomsbury Publishing
ISBN: 1782253319
Size: 50.67 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 448
View: 1475

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Constitutionalising Secession

by David Haljan, Constitutionalising Secession Books available in PDF, EPUB, Mobi Format. Download Constitutionalising Secession books, 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.


Morality And Legality Of Secession

Morality and Legality of Secession PDF
Author: Pau Bossacoma Busquets
Publisher: Springer Nature
ISBN: 3030265897
Size: 56.42 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 386
View: 146

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Morality And Legality Of Secession

by Pau Bossacoma Busquets, Morality And Legality Of Secession Books available in PDF, EPUB, Mobi Format. Download Morality And Legality Of Secession books, 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.


On The Way To Statehood

On the Way to Statehood PDF
Author: Aleksandar Pavković
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754673798
Size: 12.78 MB
Format: PDF, ePub, Mobi
Category : Political Science
Languages : en
Pages : 177
View: 2144

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On The Way To Statehood

by Aleksandar Pavković, On The Way To Statehood Books available in PDF, EPUB, Mobi Format. Download On The Way To Statehood books, 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.


Between Democracy And Law

Between Democracy and Law PDF
Author: Carlos Closa
Publisher: Routledge
ISBN: 0429626800
Size: 29.46 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 226
View: 4656

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Between Democracy And Law

by Carlos Closa, Between Democracy And Law Books available in PDF, EPUB, Mobi Format. Download Between Democracy And Law books, 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).


Secession And Self Determination

Secession and Self Determination PDF
Author: Stephen Macedo
Publisher: NYU Press
ISBN: 1479885428
Size: 13.48 MB
Format: PDF, Mobi
Category : Political Science
Languages : en
Pages : 335
View: 305

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Secession And Self Determination

by Stephen Macedo, Secession And Self Determination Books available in PDF, EPUB, Mobi Format. Download Secession And Self Determination books, The many questions that surround movements for secession and self-determination are both practically urgent and theoretically perplexing. The United States settled its secession crisis in the 1860s. But the trauma and unfinished business of those events are still with us. Around the world secession and self-determination are the key issues that cause strife and instability. This volume provides an unusually comprehensive consideration of the many challenges of law and political philosophy that accompany them, and offers theoretical insights that provide guidance for policy. Among the questions considered are: should the international community recognize a right to secede and, if so, what conditions must be satisfied before the right can be asserted? Should secession and its conditions be recognized within domestic constitutions? Secession is the most extreme form of political separation and there are modes of self-determination short of it, including indigenous peoples' self-government and minority language rights. To what degree can these intrastate autonomy arrangements help ameliorate the injustices faced by indigenous groups?


Negotiating Nationalism

Negotiating Nationalism PDF
Author: Wayne Norman
Publisher: Oxford University Press
ISBN:
Size: 36.27 MB
Format: PDF, ePub
Category : Philosophy
Languages : en
Pages : 250
View: 7179

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Negotiating Nationalism

by Wayne Norman, Negotiating Nationalism Books available in PDF, EPUB, Mobi Format. Download Negotiating Nationalism books, 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.


Constitutionalizing Secession In Federalized States

Constitutionalizing Secession in Federalized States PDF
Author: Miodrag A. Jovanović
Publisher: Eleven International Publishing
ISBN: 9077596275
Size: 15.85 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 233
View: 6885

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Constitutionalizing Secession In Federalized States

by Miodrag A. Jovanović, Constitutionalizing Secession In Federalized States Books available in PDF, EPUB, Mobi Format. Download Constitutionalizing Secession In Federalized States books, 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.


Federalism And Decentralisation In Eastern Europe

Federalism and Decentralisation in Eastern Europe PDF
Author: Miodrag A. Jovanović
Publisher: Lit Verlag
ISBN:
Size: 16.71 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 228
View: 975

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Federalism And Decentralisation In Eastern Europe

by Miodrag A. Jovanović, Federalism And Decentralisation In Eastern Europe Books available in PDF, EPUB, Mobi Format. Download Federalism And Decentralisation In Eastern Europe books, Although fully aware of the gravity of violent ethnic wars and challenges that multiethnic societies pose for any democratic polity, both authors endorse multicultural democracy. Jovanovic argues against territorial accommodation of ethnic demands and in favour of community-based minority rights policy. Samardzic understands territorial decentralisation as an indispensable guarantee for a fully-fledged protection of minority ethnic groups. Despite this major conceptual difference, they put forward democratic legitimacy as a fundamental condition for peaceful multiethnic societies.