Constitutionalising Secession
eBook - PDF

Constitutionalising Secession

  1. 448 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Constitutionalising Secession

About this book

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.

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Yes, you can access Constitutionalising Secession by David Haljan in PDF and/or ePUB format, as well as other popular books in Law & Public Law. We have over one million books available in our catalogue for you to explore.

Information

Year
2014
Print ISBN
9781849464376
eBook ISBN
9781782253303
Edition
1
Topic
Law
Subtopic
Public Law
Index
Law

Table of contents

  1. Cover
  2. Half-title
  3. Title
  4. Copyright
  5. Preface
  6. Contents
  7. Table of Cases
  8. Table of Statutes
  9. 1 Constitutionalising Secession?
  10. 2 Associative Constitutionalism
  11. 3 Primary Right Theory
  12. 4 Remedial Right or Just-Cause Theory
  13. 5 Remedial Secession and Disassociation
  14. 6 Nationalist Theory of Secession
  15. 7 Nationalism and Association
  16. 8 Constitutional Text and Context
  17. 9 Negotiating Secession: Of Voice and Veto
  18. 10 Legislating Rules for Secession?
  19. 11 Conclusions
  20. Bibliography
  21. Index