Constitutional Law and Politics of Secession

Author: Antoni Abat i Ninet
Publisher: Routledge
ISBN: 9781032318073
Published In: July 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,210.00

HKD 2,143.70 Save HKD 66.30 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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 to 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.

Introduction, Antoni Abat i Ninet

Part I. Epistemological Construction

Antoni Abat i Ninet, Life and death of States, secession as birth and not suicide. De-transcendentalising a political taboo.

Zoran Oklopcic, Secession and its cognition. Conceptual distinctions and the patterns of legal imagination

Sanford Levinson, Loyalty and Disloyalty to the Constitution: meditations on 1776, 1861, and 2022

Part II. Constitutional accommodation of Secession

Giuseppe Martinico, Taming the Beast. On Constituent Power and Secession

Miodrag Jovanović, A procedural model of constitutionalized secession revisited

Mark Tushnet, Secession, Policy Autonomy, and Recognition

Félix Mathieu and Dave Guénette, The theory and practice of self-determination in multinational democracies: a systematic comparison

Natalia Morales Cerda and Francisca Pou Giménez, Indigenous claims and the Chilean 2022 Draft Constitution

Part III. Federalism, Autonomy and Secession

Erika Arban, Constitutional Law, Federalism and Secession

Maja Sahadžić, Multilevel constitutionalism and diversity: Prospects for secession in Bosnia and Herzegovina?

Hilly Moodrick Even Khen, Non-Territorial Autonomy, Not Secession: The Palestinian-Arab-Minority in the Israeli Jewish-Democratic State

Part IV. International regulation and mediation of Secession

Jose Alberto Azeredo Lopes and Catarina Santos Botelho, Building Bridges: A Janus-faced secession

Hèctor López Bofill, Catalonia: the right to self-determination and the Consent of the Governed

Pau Bossacoma Busquets, The regulation of Secession

Mihreteab T. Taye, Tigray and the Unconditional Right to Self-determination, including the Right to Secession: Constitutional and International Law Perspective