Constitutionalizing Secession In Federalized States

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Constitutionalizing Secession in Federalized States

Miodrag A. Jovanović
Constitutionalizing Secession in Federalized States Book PDF

Author : Miodrag A. Jovanović
Publisher : Eleven International Publishing
Page : 257 pages
File Size : 43,8 Mb
Release : 2007
Category : Federal government
ISBN : 9789077596272

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Constitutionalizing Secession in Federalized States by Miodrag A. Jovanović Pdf

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.

Constitutional Law and Politics of Secession

Antoni Abat i Ninet
Constitutional Law and Politics of Secession Book PDF

Author : Antoni Abat i Ninet
Publisher : Taylor & Francis
Page : 283 pages
File Size : 42,8 Mb
Release : 2023-07-31
Category : Law
ISBN : 9781000919318

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Constitutional Law and Politics of Secession by Antoni Abat i Ninet Pdf

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.

Constitutionalising Secession

David Haljan
Constitutionalising Secession Book PDF

Author : David Haljan
Publisher : Bloomsbury Publishing
Page : 612 pages
File Size : 40,7 Mb
Release : 2014-11-01
Category : Law
ISBN : 9781782253310

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Constitutionalising Secession by David Haljan Pdf

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.

Federalism and Secession

Jorge Cagiao y Conde,Alain G. Gagnon
Federalism and Secession Book PDF

Author : Jorge Cagiao y Conde,Alain G. Gagnon
Publisher : P.I.E-Peter Lang S.A., Editions Scientifiques Internationales
Page : 198 pages
File Size : 41,7 Mb
Release : 2021-02-26
Category : Electronic
ISBN : 2807617123

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Federalism and Secession by Jorge Cagiao y Conde,Alain G. Gagnon Pdf

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.

Self-determination and Secession in International Law

Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Self determination and Secession in International Law Book PDF

Author : Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Publisher : Oxford University Press, USA
Page : 337 pages
File Size : 45,8 Mb
Release : 2014
Category : Law
ISBN : 9780198702375

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Self-determination and Secession in International Law by Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov Pdf

"The present volume is the result of co-operation on the issue of self-determination and secession with a specific focus on conflicts in the CIS region". -- PREFACE.

The Canadian Contribution to a Comparative Law of Secession

Giacomo Delledonne,Giuseppe Martinico
The Canadian Contribution to a Comparative Law of Secession Book PDF

Author : Giacomo Delledonne,Giuseppe Martinico
Publisher : Springer
Page : 286 pages
File Size : 49,9 Mb
Release : 2018-12-11
Category : Political Science
ISBN : 9783030034696

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The Canadian Contribution to a Comparative Law of Secession by Giacomo Delledonne,Giuseppe Martinico Pdf

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.

On the Way to Statehood

Peter Radan
On the Way to Statehood Book PDF

Author : Peter Radan
Publisher : Routledge
Page : 310 pages
File Size : 53,9 Mb
Release : 2017-05-15
Category : Political Science
ISBN : 9781351913690

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On the Way to Statehood by Peter Radan Pdf

The present international order is characterized by the rapid globalization of economic activity, by systematic attempts to coordinate state responses to the outbreaks of violence and by unilateral military interventions against sovereign states either by the USA or by one of its regional allies. 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 volume examines how independence movements achieve legitimacy amongst both their target populations and outside states, and how the forces of increasing economic globalization and political interdependence impact on secessionist mobilization. It addresses how the outside states recognize the independence of new states and whether the claims to independent statehood can be justified within normative theories of secession and international law. These issues are explored both through comparative analysis within legal, international relations and political science frameworks and through an examination of several recent attempts at secession.

The Ashgate Research Companion to Secession

Peter Radan
The Ashgate Research Companion to Secession Book PDF

Author : Peter Radan
Publisher : Routledge
Page : 617 pages
File Size : 52,6 Mb
Release : 2016-03-23
Category : Political Science
ISBN : 9781317041702

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The Ashgate Research Companion to Secession by Peter Radan Pdf

Secession is a detachment of a territory from an existing state with the aim of creating a new state on the detached territory. Secession is usually an outcome of the political mobilization of a population on the territory to be detached and, as a political phenomenon, is a subject of study in the social sciences. Its impact on inter-state relations is a subject of study in international relations. But secession is also subject to regulation both in the constitutional law of sovereign states and in international law. Following a spate of secessions in the early 1990s, legal scholars have proposed a variety of ways to regulate the international responses to attempts at secessions. Moreover, since the 1980s normative justification of secession has been subject to an intense debate among political theorists and moral philosophers. This research companion has the following three complementary aims. First, to offer an overview of the current theoretical approaches to secession in the social sciences, international relations, legal theory, political theory and applied ethics. Second, to outline the current practice of international recognition of secession and current domestic and international laws which regulate secession. Third, to offer an account of major secessionist movements - past and present - from a comparative perspective. In their accounts of past secessions and current secessionist movements, the contributors to this volume focus on the following four components: the nature and source of secessionist grievances, the ideologies and techniques of secessionist mobilization, the responses of the host state or majority parties in the host state, and the international response to attempts at secession. This provides a basis for identification of at least some common patterns in the otherwise highly varied processes of secession.

Research Handbook on Secession

Jure Vidmar,Sarah McGibbon,Lea Raible
Research Handbook on Secession Book PDF

Author : Jure Vidmar,Sarah McGibbon,Lea Raible
Publisher : Edward Elgar Publishing
Page : 411 pages
File Size : 52,9 Mb
Release : 2022-12-13
Category : Law
ISBN : 9781788971751

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Research Handbook on Secession by Jure Vidmar,Sarah McGibbon,Lea Raible Pdf

Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues and concepts surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine. The Research Handbook offers state-of-the-art analysis of international law on – among other topics – statehood, secession, self-determination, as well as comparative constitutional perspectives.

Perspectives on Secession

Martin Riegl,Bohumil Doboš
Perspectives on Secession Book PDF

Author : Martin Riegl,Bohumil Doboš
Publisher : Springer Nature
Page : 145 pages
File Size : 53,8 Mb
Release : 2020-06-24
Category : Political Science
ISBN : 9783030482749

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Perspectives on Secession by Martin Riegl,Bohumil Doboš Pdf

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.

Sovereignty and Diversity

Miodrag Jovanović,Kristin Henrard
Sovereignty and Diversity Book PDF

Author : Miodrag Jovanović,Kristin Henrard
Publisher : Eleven International Publishing
Page : 209 pages
File Size : 44,8 Mb
Release : 2008
Category : Multiculturalism
ISBN : 9789077596531

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Sovereignty and Diversity by Miodrag Jovanović,Kristin Henrard Pdf

Disputes about sovereignty mainly arise in those cases where fundamental rights are infringed, or democratic participation denied, on account of the citizens' membership in certain ethno-cultural minority groups. Moreover, the fact that serious challenges to sovereignty can be detected even in ethno-culturally diverse polities, which by all standards qualify as fairly just liberal-democracies, can only mean that the complex relationship between sovereignty and the diversity challenge is in need of serious consideration and analysis. By observing sovereignty and diversity through the lens of a broader liberal-democratic doctrine, this book sets out plausible strategies to cope with the problems that evolve from this issue. Sovereignty and Diversity is divided into three parts. In Part I, various normative theories of secession are evaluated both in relation to philosophy and to political science. Furthermore, the value and possible role of the uti possidetis principle is discussed. Part II addresses the value of various other methods to accommodate population diversity as means to solve disputes over sovereignty - namely multiculturalism, federalism, and decentralization, as well as minority rights. Finally, Part III groups together three case studies - the first two dealing with the secession and partition theme, while the last one shows the potential of other, less controversial means to address tensions about sovereignty. This volume is a collection of updated papers presented at the University of Belgrade in July 2005, at the international conference "Legal and Political Solution to Disputes over Sovereignty - From Kosovo to Quebec."

Kosovo: A Precedent?

James Summers
Kosovo A Precedent Book PDF

Author : James Summers
Publisher : BRILL
Page : 471 pages
File Size : 45,9 Mb
Release : 2011-08-25
Category : Law
ISBN : 9789047429432

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Kosovo: A Precedent? by James Summers Pdf

This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.

Nationalism, Referendums and Democracy

Matt Qvortrup
Nationalism Referendums and Democracy Book PDF

Author : Matt Qvortrup
Publisher : Routledge
Page : 99 pages
File Size : 42,9 Mb
Release : 2020-03-16
Category : Political Science
ISBN : 9781000044935

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Nationalism, Referendums and Democracy by Matt Qvortrup Pdf

This revised and expanded edition analyses the factors conducive to holding independence and secession referendums, to winning these votes and to their status in domestic and international law. Taking into account the votes in Catalonia and Scotland, the book shows that votes on secession and independence are not a passing phenomenon but an important part of international politics. The book includes an overview of the history of referendums on independence and a summary of the legal issues involved in doing so, as well as a chapter on referendums in unrecognised states and case study chapters exploring referendums in Kosovo, Cyprus, Kurdistan and Somaliland amongst others. By considering the ethical arguments for secession and recognition, the legal norms governing the process, and the positive and political science theory of when would-be states succeed in becoming recognized by the international community, it shows the role of referendums in the process of establishing new states, and, as a corollary, their role (if any) winning international recognition for these states. This book will be of interest to all scholars and students of political science, law and even philosophy.

EU Law After Lisbon

Andrea Biondi,Piet Eeckhout,Stefanie Ripley
EU Law After Lisbon Book PDF

Author : Andrea Biondi,Piet Eeckhout,Stefanie Ripley
Publisher : Oxford University Press
Page : 471 pages
File Size : 43,6 Mb
Release : 2012-01-05
Category : Law
ISBN : 9780199644322

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EU Law After Lisbon by Andrea Biondi,Piet Eeckhout,Stefanie Ripley Pdf

The implementation of the Lisbon Treaty is profoundly changing many areas of EU law and policy. This volume gathers leading specialists in the field to analyse the implementation process and the directions of legal reform post-Lisbon, situating the Lisbon reforms in the broader context of on-going policy programmes.

Autonomy and Self-Determination

Peter Hilpold
Autonomy and Self Determination Book PDF

Author : Peter Hilpold
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 41,5 Mb
Release : 2018-04-27
Category : Law
ISBN : 9781788111713

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Autonomy and Self-Determination by Peter Hilpold Pdf

Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy.Autonomy and Self-determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future.This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars.