Morality and legality of secession : a theory of national self-determination / Pau Bossacoma Busquets.

Format:

Book

Author/Creator:

Bossacoma i Busquets, Pau, author.

Series:

Federalism and internal conflicts

Federalism and Internal conflicts

Language:

English

Subjects (All):

Secession.

Physical Description:

xxi, 386 pages ; 22 cm.

Place of Publication:

Cham, Switzerland : Palgrave Macmillan, [2020]

Summary:

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 books 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. Pau Bossacoma Busquets is Lecturer in Public Law at Pompeu Fabra University, Spain, and legal advisor of the Catalan Government. He is a member of the UPF Political Theory Research Group, the Evolution of Institutions Observatory and the Edinburgh Centre for Constitutional Law. He has authored several academic books, chapters and papers on constitutionalism, democracy, citizenship, nationalism, self-determination, sovereignty and territorial autonomy.

Contents:

1. Secession in political philosophy

The concept of secession

A contract theory of secession

The principle of nationality

Complementary causes to legitimize secession

2. Secession in international law

Self-determination of peoples

Unilateral declarations of independence under international law

Effectiveness and international recognition

3. Secession in constitutional law

Constitutional right to secede and constitutional reform

The principle of democracy and secession

Representative democracy and secession

Referendum democracy and secession

Consensual secession

Internal self-determination

Unilateral secession

Epilogue.

Notes:

Includes bibliographical references (pages 369-382) and index.

ISBN:

9783030265885

3030265889

OCLC:

1136960147