Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Constitutionalising Secession (eBook)


ISBN13: 9781782253310
Published: February 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £85.50
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale prohibited in


Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8.45am to 6.00pm, London, UK time.


The device(s) you use to access the eBook content must be authorized with an Adobe ID before you download the product otherwise it will fail to register correctly.

For further information see https://www.wildy.com/ebook-formats


Once the order is confirmed an automated e-mail will be sent to you to allow you to download the eBook.

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.

In stock.
Need help with ebook formats?




Also available as

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. Constitutionalising Secession concludes by examining the ramifications of this constitutional approach for the position of international law.

Subjects:
Constitutional and Administrative Law, eBooks
Contents:
1. Constitutionalising Secession? Constitutional Order and Disorder Disorder: A Secession Crisis A Right Ordering of Secession Ordering the Right to Secede Terms of Reference A Note on Nationalism Reference Terms Outline of the Book Canada? In a Broader Context
2. Associative Constitutionalism The Realist's Challenge Form and Function: Structural Concepts National Constitutional Law Generally Constitution and Association Form's Legacy: Reification Reification and Constitutional Stress Civil Society Associative Constitutionalism Associations, Morality and Values Government and Constitution Government: Control and Authority Authority: Legality and Legitimacy Rules and Associations The Hart of a Constitution Nature of Rules Articulating the Constitution Associations, Institutions and Law A Theory of Institutions Transformation: Institutional Premise, Constitutional Promise A Constitutional View on Secession
3. Primary Right Theory Consent as Primary Consent, Obligation and Secession Insufficiency of Tacit Consent Insufficiency of the Fairness Principle What is Really Consented To? Consent and Group Rights From Primary Right to an Instrumentality Needing Just Cause Consent as Insufficient Grounds An Instrumental Concept Based on Just Cause Law and Politics of Consent Theory
4. Remedial Right or Just-Cause Theory Oppression as Justification for Secession Concept of Oppression Fundamental Difference from the Primary Right Model From Right to Remedy A Right Understanding of Secession Continuity Condition Mutuality Condition Parsing Remedies Institutions and Rights to a Remedy The Remedy of Secession Responsibility for Constitutional Collapse Implications of Transformative Failure: Remedial Secession What Gives Rise to Remedial Secession?
5. Remedial Secession and Disassociation Discriminatory Redistribution Discrimination as the Violation of Equality Equality, Commensurability and Associative Relationships Cultural Preservation and Self-defence A Nationalist Application of the Oppression Grounds? Rectificatory Justice Law and Politics of Just-Cause Theory
6. Nationalist Theory of Secession The Core of Nationalist Secession: National Self-determination Nationalism's Gloss on Remedial Rights: A Primary Right to Cultural Identity Nationalism's Affinity for Primary Rights: the Nation as Rights-Holder Summary: Different Strokes for Different Volks The Nation as the Summum Bonum A Concept of a Nation Culture of a Nation Subjective Standard: Imagining a Nation Nationalism and Politics Considerations on Subjectivity in Nationalism Next Steps: Who's the Boss?
7. Nationalism and Association Nation and Identity Protection of Identity Priority of National Identity: Enforcing the Boundaries Identity and Transformation Sources of the 'National' Self Law and Politics of Nationalism Theory
8. Constitutional Text and Context Of Text Hard Realities of Drafting A Questionable Achievement? Of Context Structure of Context Context of Structure Context of Amending Powers Context of Constitutional Rights and Freedoms Secession and Federal Constitutions Structure and Politics Federalism and Voice Conclusion
9. Negotiating Secession: Of Voice and Veto Background Bertrand v Quebec Bertrand v Quebec (No 1) Bertrand v Quebec (No 2) Quebec v Constitution of Canada Setting the Reference References and Constitutional Interpretation The Supreme Court's Opinion Preliminary Objection Justiciability and Constitutionality Question 1: the Constitution and Unilateral Secession Unwritten, Basic Constitutional Principles Federalism and Provincial Autonomy Deliberative Democracy and Qualified Majorities Bound by the Law: the Rule of Law and Constitutionalism Protecting Minorities Unconstitutionality of Unilateral Secession Primary Right Modelling of Constitutional Secession Questions 2 and 3: International Law, Secession and Constitutions Question 2: International Law and Secession Question 3: Domestic Law v International Law Justiciability and Justifiability Remedial Right Modelling Summary Of Voice and Veto: Popular Sovereignty and the Rule of Law Democratic Will and Constitutional Amendment Secession and Constitutional Veto Of Voice and Veto: Law, Politics and Secession Conclusion
10. Legislating Rules for Secession? Origins of the Clarity Act What the Clarity Act Says A Liminal Issue: Characterising the Powers under the Act Being Clear on the Constitutional Questions No Interference with Quebec's Referendum Jurisdiction No Clear Violations of the Charter of Rights No Vagueness to the Act's Provisions No Interference with Parliamentary Sovereignty The Absence of 'Clarity' No Definition of 'Clarity' Strategic Bargaining Restricted to Province-oriented Secession Attempts No Reference to Majorities Outside of a Secessionist Province A Clearly Positivist Approach to Constitutional Secession Process and Structure Pitfalls of the Positivist Approach
11. Conclusions Disassociating the State Disassociation and Theories of Secession Law, Politics and Beyond

Series: Hart Studies in Comparative Public Law

Judicial Review and Electoral Law in a Global Perspective ISBN 9781509957880
To be published March 2024
Hart Publishing
£95.00
Constitutional Courts, Media and Public Opinion (eBook) ISBN 9781509953615
Published November 2023
Hart Publishing
£85.50
(ePub)
Buy
Constitutional Courts, Media and Public Opinion ISBN 9781509953608
Published November 2023
Hart Publishing
£95.00
The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509944552
Published March 2022
Hart Publishing
£32.99
£36.99
The Role of Monarchy in Modern Democracy: European Monarchies Compared (eBook) ISBN 9781509931026
Published September 2020
Hart Publishing
£29.69
(ePub)
Buy
The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509931019
Published September 2020
Hart Publishing
£85.00
Australian Constitutional Values
Edited by: Rosalind Dixon
ISBN 9781509939510
Published June 2020
Hart Publishing
£44.99
Governance by Numbers: The Making of a Legal Model of Allegiance
Alain Supiottranslated by Saskia Brown
ISBN 9781509936977
Published March 2020
Hart Publishing
£34.99
The Federal Idea: Public Law Between Governance and Political Life ISBN 9781509935673
Published December 2019
Hart Publishing
£39.99
The Foundations and Traditions of Constitutional Amendment ISBN 9781509934638
Published November 2019
Hart Publishing
£69.99
£44.99
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781509932115
Published September 2019
Hart Publishing
£39.99
Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
Published August 2019
Hart Publishing
£39.99
Legitimate Expectations in the Common Law World ISBN 9781509929733
Published May 2019
Hart Publishing
£44.99
Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
Published April 2019
Hart Publishing
£49.49
(ePub)
Buy
Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
Hart Publishing
£130.00
£69.99
Human Rights in the UK and the Influence of Foreign Jurisprudence (eBook) ISBN 9781509904952
Published September 2018
Hart Publishing
£35.09
(ePub)
Buy
Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
Published September 2018
Hart Publishing
£90.00
£85.00
Trial by Jury and Counter-Terrorism ISBN 9781849465397
Published August 2018
Hart Publishing
Publication Abandoned
Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
Hart Publishing
£38.99
Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
Hart Publishing
£38.99
Australian Constitutional Values ISBN 9781509918409
Published February 2018
Hart Publishing
£100.00
Australian Constitutional Values (eBook) ISBN 9781509918416
Published February 2018
Hart Publishing
£40.49
(ePub)
Buy
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
Published December 2017
Hart Publishing
£36.99
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
Published November 2017
Hart Publishing
£90.00
£62.99
(ePub)
Buy
£150.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
Published September 2017
Hart Publishing
£33.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
Hart Publishing
£39.99
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
Published August 2017
Hart Publishing
£35.99
(ePub)
Buy
The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
Hart Publishing
£95.00
£150.00
£62.99
(ePub)
Buy
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
Hart Publishing
£42.99
£40.49
(ePub)
Buy
£120.00
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
Hart Publishing
£95.00
£35.99
(ePub)
Buy
Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
Hart Publishing
£95.00
Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
Hart Publishing
£35.99
(ePub)
Buy
£95.00
£35.99
(ePub)
Buy
Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
Hart Publishing
£120.00
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
Hart Publishing
£40.49
(ePub)
Buy
Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
Hart Publishing
£90.00
Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
Hart Publishing
£35.09
(ePub)
Buy
Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
Hart Publishing
£95.00
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
Hart Publishing
£35.09
(ePub)
Buy
Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
Hart Publishing
£33.29
(ePub)
Buy
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
Hart Publishing
£90.00
£30.59
(ePub)
Buy
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
Hart Publishing
£95.00
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
Hart Publishing
£35.99
(ePub)
Buy
The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
Hart Publishing
£100.00
£38.69
(ePub)
Buy
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
Published March 2015
Hart Publishing
£100.00
Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published February 2015
Hart Publishing
£59.99
Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
Published February 2015
Hart Publishing
£53.99
(ePub)
Buy
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
Hart Publishing
£39.99
Constitutionalising Secession ISBN 9781849464376
Published February 2014
Hart Publishing
£95.00
Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
Hart Publishing
£144.00
(ePub)
Buy
Israeli Constitutional Law in the Making ISBN 9781849464093
Published October 2013
Hart Publishing
£160.00
The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
Published March 2013
Hart Publishing
£85.50
(ePub)
Buy
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
Published March 2013
Hart Publishing
£95.00