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Constitutional Law and Politics of Secession

Edited by: Antoni Abat i Ninet

ISBN13: 9781032318073
Published: July 2023
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £150.00



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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.

Subjects:
Constitutional and Administrative Law
Contents:
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

Series: Comparative Constitutional Change

Constitutionality of Law without a Constitutional Court: A View from Europe ISBN 9781032410098
Published September 2023
Routledge
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