2 options
Constitutionalising secession / David Haljan.
- Format:
- Book
- Author/Creator:
- Haljan, David, author.
- Series:
- Hart studies in comparative public law ; v. 4.
- Hart studies in comparative public law ; v. 4
- Language:
- English
- Subjects (All):
- Constitutional law--Canada.
- Constitutional law.
- Federal government--Canada.
- Federal government.
- Secession--Canada.
- Secession.
- Physical Description:
- 1 online resource (450 p.)
- Other Title:
- Constitutionalizing secession
- Place of Publication:
- Oxford ; Portland, Oregon : Hart Publishing, 2014.
- Language Note:
- English
- Summary:
- 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
- Contents:
- Constitutionalising secession?
- Associative constitutionalism
- Primary right theory
- Remedial right or just-cause theory
- Remedial succession and disassociation
- Nationalist theory of succession
- Nationalism and association
- Constitutional text and context
- Negotiating secession : of voice and veto
- Legislating rules for secession?
- Conclusions.
- Notes:
- Bibliographic Level Mode of Issuance: Monograph
- Includes bibliographical references (pages [391]-423) and index.
- ISBN:
- 9781474201148
- 1474201148
- 9781782253303
- 1782253300
- OCLC:
- 1154994700
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