The Canadian Contribution To A Comparative Law Of Secession

Author : Giacomo Delledonne,Giuseppe Martinico
Publisher : Springer
Page : 286 pages
File Size : 55,9 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.

Author : Anne Bayefsky
Publisher : BRILL
Page : 522 pages
File Size : 45,8 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004505827

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Self-Determination in International Law, Quebec and Lessons Learned by Anne Bayefsky Pdf

The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?

Author : Marcelo G. Kohen
Publisher : Cambridge University Press
Page : 560 pages
File Size : 55,6 Mb
Release : 2006-03-21
Category : Law
ISBN : 0521849284

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Secession by Marcelo G. Kohen Pdf

This book is a comprehensive study of secession from an international law perspective.

Author : Carlos Closa,Costanza Margiotta,Giuseppe Martinico
Publisher : Routledge
Page : 178 pages
File Size : 54,8 Mb
Release : 2019-09-30
Category : Law
ISBN : 9780429626807

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Between Democracy and Law by Carlos Closa,Costanza Margiotta,Giuseppe Martinico Pdf

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).

Author : Antoni Abat i Ninet
Publisher : Taylor & Francis
Page : 283 pages
File Size : 44,5 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.

Author : Peter Oliver,Patrick Macklem,Nathalie Des Rosiers
Publisher : Oxford University Press
Page : 1088 pages
File Size : 42,9 Mb
Release : 2017-08-10
Category : Law
ISBN : 9780190664831

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The Oxford Handbook of the Canadian Constitution by Peter Oliver,Patrick Macklem,Nathalie Des Rosiers Pdf

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Author : Richard Albert,David R. Cameron
Publisher : Cambridge University Press
Page : 483 pages
File Size : 41,5 Mb
Release : 2017-11-02
Category : Law
ISBN : 9781108419734

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Canada in the World by Richard Albert,David R. Cameron Pdf

Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.

Author : Allen Buchanan
Publisher : Westview Press
Page : 202 pages
File Size : 55,5 Mb
Release : 1991-09-25
Category : Philosophy
ISBN : UOM:39015021979839

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Secession by Allen Buchanan Pdf

This is the first book-length treatment of an increasingly crucial topic. Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable and applies it to historical and contemporary examples. Buchanan locates his account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society, such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete account of political community and political obligation.This is an important book, not just for political and social theorists, but for any reader concerned with the future of troubled political federations and other states under conditions of ethnic and cultural pluralism.

Author : Samuel V. Laselva
Publisher : Unknown
Page : 343 pages
File Size : 40,8 Mb
Release : 2018-12-30
Category : Philosophy
ISBN : 9780773555310

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Canada and the Ethics of Constitutionalism by Samuel V. Laselva Pdf

A new perspective on the Canadian Constitution that focuses on Canada's distinctive contribution to constitutional ethics.

Author : Frédéric Bérard,Stéphane Beaulac
Publisher : Unknown
Page : 128 pages
File Size : 53,7 Mb
Release : 2017-01
Category : Electronic
ISBN : 0433492376

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The Law of Independence by Frédéric Bérard,Stéphane Beaulac Pdf

Author : Dirdeiry M. Ahmed
Publisher : Cambridge University Press
Page : 321 pages
File Size : 52,5 Mb
Release : 2015-12-11
Category : History
ISBN : 9781107117983

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Boundaries and Secession in Africa and International Law by Dirdeiry M. Ahmed Pdf

This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.

Author : Sanford Levinson
Publisher : University Press of Kansas
Page : 384 pages
File Size : 45,7 Mb
Release : 2016-09-09
Category : Political Science
ISBN : 9780700622993

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Nullification and Secession in Modern Constitutional Thought by Sanford Levinson Pdf

The Missouri legislature passes a bill to flout federal gun-control laws it deems unconstitutional. Texas refuses to recognize same-sex marriages, citing the state's sovereignty. The Tenth Amendment Center promotes the “Federal Health Care Nullification Act.” In these and many other similar instances, the spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means—in legal, cultural, and historical terms—is the question explored in Nullification and Secession in Modern Constitutional Thought. Bringing together a number of distinguished scholars, the book offers a variety of informed perspectives on what editor Sanford Levinson terms “neo-nullification,” a category that extends from formal declarations on the invalidity of federal law to what might be called “uncooperative federalism.” Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas's most recent threat to secede from the United States. The authors look at the theory and practice of nullification and secession here and abroad, discussing how contemporary advocates use the text and history of the Constitution to make their cases, and how very different texts and histories influence such movements outside of the United States—in Scotland, for instance, or Catalonia, or Quebec, or even England vis-à-vis the European Union. Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America's troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.

Author : Gardner, James A.
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 42,9 Mb
Release : 2022-04-21
Category : Law
ISBN : 9781788119023

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Comparative Election Law by Gardner, James A. Pdf

This timely research handbook offers a systematic and comprehensive examination of the election laws of democratic nations. Through a study of a range of different regimes of election law, it illuminates the disparate choices that societies have made concerning the benefits they wish their democratic institutions to provide, the means by which such benefits are to be delivered, and the underlying values, commitments, and conceptions of democratic self-rule that inform these choices.

Author : Alberto López-Basaguren,Leire Escajedo San-Epifanio
Publisher : Springer
Page : 576 pages
File Size : 42,7 Mb
Release : 2019-01-05
Category : Law
ISBN : 9783319597072

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Claims for Secession and Federalism by Alberto López-Basaguren,Leire Escajedo San-Epifanio Pdf

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 : Pau Bossacoma Busquets
Publisher : Springer Nature
Page : 393 pages
File Size : 52,9 Mb
Release : 2019-11-19
Category : Law
ISBN : 9783030265892

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Morality and Legality of Secession by Pau Bossacoma Busquets Pdf

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.