Constitutionalising Secession

Constitutionalising Secession
Author :
Publisher : Bloomsbury Publishing
Total Pages : 884
Release :
ISBN-10 : 9781782253310
ISBN-13 : 1782253319
Rating : 4/5 (10 Downloads)

Book Synopsis Constitutionalising Secession by : David Haljan

Download or read book Constitutionalising Secession written by David Haljan and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


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