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