Constitutional Law And Politics Of Secession

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Constitutional Law and Politics of Secession

Author : Antoni Abat i Ninet
Publisher : Taylor & Francis
ISBN 13 : 1000919315
Total Pages : 283 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Constitutional Law and Politics of Secession by : Antoni Abat i Ninet

Download or read book Constitutional Law and Politics of Secession written by Antoni Abat i Ninet and published by Taylor & Francis. This book was released on 2023-07-31 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 into 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.

CONSTITUTIONAL LAW AND POLITICS OF SECESSION

Author : Antoni Abat i Ninet
Publisher :
ISBN 13 : 9781003311461
Total Pages : 0 pages
Book Rating : 4.3/5 (114 download)

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Book Synopsis CONSTITUTIONAL LAW AND POLITICS OF SECESSION by : Antoni Abat i Ninet

Download or read book CONSTITUTIONAL LAW AND POLITICS OF SECESSION written by Antoni Abat i Ninet and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 into 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.

Territorial Politics and Secession

Author : Martin Belov
Publisher : Palgrave Macmillan
ISBN 13 : 9783030644048
Total Pages : 316 pages
Book Rating : 4.6/5 (44 download)

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Book Synopsis Territorial Politics and Secession by : Martin Belov

Download or read book Territorial Politics and Secession written by Martin Belov and published by Palgrave Macmillan. This book was released on 2022-04-13 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.

A Constitutional History of Secession

Author : John Remington Graham
Publisher : Shotwell Publishing LLC
ISBN 13 : 9781947660700
Total Pages : 0 pages
Book Rating : 4.6/5 (67 download)

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Book Synopsis A Constitutional History of Secession by : John Remington Graham

Download or read book A Constitutional History of Secession written by John Remington Graham and published by Shotwell Publishing LLC. This book was released on 2022-08-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: UNTIL A FEW YEARS AGO anyone who spoke of secession as a legal right could expect to be scoffed at as the advocate of a permanently outmoded idea. In recent decades, however, separatist movements have appeared across Europe and North America. Peoples are seeking to reclaim their self-government from centralized nation[1]states and secession can now be seriously discussed. John Remington Graham has brought his considerable knowledge to the question. He finds that secession is form of peaceable and lawful revolution rooted in the English Revolution of 1688 and 1689, usable today as in the past, and a living part of Anglo-American constitutional law and tradition. Clyde Wilson, an eminent scholar of the statesman John C. Calhoun, has said of this work, "Had I the power, I would require every professor of history, political science, and law in America to read Graham's work. Nowhere is there a truer and more thorough treatment of the real origins and nature of freedom and self-government. This work is essential for those who would like to recover those great blessings."

The Canadian Contribution to a Comparative Law of Secession

Author : Giacomo Delledonne
Publisher : Springer
ISBN 13 : 3030034690
Total Pages : 286 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Canadian Contribution to a Comparative Law of Secession by : Giacomo Delledonne

Download or read book The Canadian Contribution to a Comparative Law of Secession written by Giacomo Delledonne and published by Springer. This book was released on 2018-12-11 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.

Nullification and Secession in Modern Constitutional Thought

Author : Sanford Levinson
Publisher : University Press of Kansas
ISBN 13 : 0700622993
Total Pages : 384 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Nullification and Secession in Modern Constitutional Thought by : Sanford Levinson

Download or read book Nullification and Secession in Modern Constitutional Thought written by Sanford Levinson and published by University Press of Kansas. This book was released on 2016-09-09 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Missouri legislature passes a bill to flout federal gun-control laws it deems unconstitutional. Texas refuses to recognize same-sex marriages, citing the state's sovereignty. The Tenth Amendment Center promotes the “Federal Health Care Nullification Act.” In these and many other similar instances, the spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means—in legal, cultural, and historical terms—is the question explored in Nullification and Secession in Modern Constitutional Thought. Bringing together a number of distinguished scholars, the book offers a variety of informed perspectives on what editor Sanford Levinson terms “neo-nullification,” a category that extends from formal declarations on the invalidity of federal law to what might be called “uncooperative federalism.” Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas's most recent threat to secede from the United States. The authors look at the theory and practice of nullification and secession here and abroad, discussing how contemporary advocates use the text and history of the Constitution to make their cases, and how very different texts and histories influence such movements outside of the United States—in Scotland, for instance, or Catalonia, or Quebec, or even England vis-à-vis the European Union. Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America's troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.

Secession on Trial

Author : Cynthia Nicoletti
Publisher : Cambridge University Press
ISBN 13 : 1108415520
Total Pages : 359 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Secession on Trial by : Cynthia Nicoletti

Download or read book Secession on Trial written by Cynthia Nicoletti and published by Cambridge University Press. This book was released on 2017-10-19 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.

Morality and Legality of Secession

Author : Pau Bossacoma Busquets
Publisher : Springer Nature
ISBN 13 : 3030265897
Total Pages : 393 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Morality and Legality of Secession by : Pau Bossacoma Busquets

Download or read book Morality and Legality of Secession written by Pau Bossacoma Busquets and published by Springer Nature. This book was released on 2019-11-19 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 book’s 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.

Constitutional Law

Author : Joel Parker
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Constitutional Law by : Joel Parker

Download or read book Constitutional Law written by Joel Parker and published by . This book was released on 1862 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Secession and Constitutional Liberty

Author : Bunford Samuel
Publisher :
ISBN 13 :
Total Pages : 416 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Secession and Constitutional Liberty by : Bunford Samuel

Download or read book Secession and Constitutional Liberty written by Bunford Samuel and published by . This book was released on 1920 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Theory of Our National Existence

Author : John Codman Hurd
Publisher :
ISBN 13 :
Total Pages : 654 pages
Book Rating : 4.R/5 ( download)

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Book Synopsis The Theory of Our National Existence by : John Codman Hurd

Download or read book The Theory of Our National Existence written by John Codman Hurd and published by . This book was released on 1881 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions

Author : Caleb William Loring
Publisher : Good Press
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.4/5 (64 download)

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Book Synopsis Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions by : Caleb William Loring

Download or read book Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions written by Caleb William Loring and published by Good Press. This book was released on 2019-12-11 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions" by Caleb William Loring. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.

The Constitutional Origins of the American Civil War

Author : Michael F. Conlin
Publisher : Cambridge University Press
ISBN 13 : 1108495273
Total Pages : 351 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Constitutional Origins of the American Civil War by : Michael F. Conlin

Download or read book The Constitutional Origins of the American Civil War written by Michael F. Conlin and published by Cambridge University Press. This book was released on 2019-07-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates the crucial role that the Constitution played in the coming of the Civil War.

Secession and Slavery

Author : Joel Prentiss Bishop
Publisher : Forgotten Books
ISBN 13 : 9780267187171
Total Pages : 116 pages
Book Rating : 4.1/5 (871 download)

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Book Synopsis Secession and Slavery by : Joel Prentiss Bishop

Download or read book Secession and Slavery written by Joel Prentiss Bishop and published by Forgotten Books. This book was released on 2018-01-29 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Secession and Slavery: Or, the Effect of Secession on the Relation of the United States to the Seceded States and to Slavery Therein; Considered as a Question of Constitutional Law, Chiefly Under the Authority of Decisions of the Supreme Court; Embracing Also a Review Ok the Pr When the rebellion, which for a long series of years had been coming silently up, culminated into Open acts of treason, the government of the United States was being administered, both in its various civil departments, and'in those also which control the war-dealing power, by men of the Democratic party in politics. James Buchanan presided, in theory, over the war-arm; but it was quiescent, and neither be nor anybody else deemed it wise to wake it into action. The civil arm slept with the war arm; nor did any considerable number of persons, either in power or out of power, think it well to call this arm into motion to punish treason, or arrest the course of the rebellion. This whole nation despised the law, both the law of war and the law of peace; and, led by the Democratic party, and not much remonstrated with by the Republican, caused the administrators of both kinds of law to absent them selves from their respective halls, while the halls were pillaged and blackened by assassins of their country. There is no harm in sometimes looking back on the past; perhaps a still further View of it may here do us good. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Union & States' Rights

Author : Neil Howard Cogan
Publisher :
ISBN 13 : 9781461956907
Total Pages : 299 pages
Book Rating : 4.9/5 (569 download)

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Book Synopsis Union & States' Rights by : Neil Howard Cogan

Download or read book Union & States' Rights written by Neil Howard Cogan and published by . This book was released on 2014 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Neil H. Cogan, who is a well-versed legal scholar of constitutional law, civil rights, and civil and criminal procedures, this volume is a collection of papers on a central issue of governance in the United States; namely, what is the power of the States to object to and cancel Federal law with which they disagree. For eighty-one years, from the ratification of the Constitution to the end of the Civil War, this issue of State power was the central issue of governance. Chapters address the history and legal arguments for three assertions of such State power: interposition, nullification, and secession. Scholars approach the assertions from the perspective of the original understanding of the Union; the antebellum arguments against the assertion of Federal power and in favor of concerted action; and contemporary viewpoints. Although both interposition and nullification were disruptive to the concept of union, the act of secession was an almost fatal assertion of State power against the Union. Now, 150 years after South Carolina's secession from the Union, it is appropriate to reconsider the arguments made for interposition, nullification, and secession. Currently In several states, nullification measures are before the legislatures. During the recent Texas Gubernatorial campaign, secession was discussed by two of the major candidates. The Tea Party Movement is reflective of a broader movement to limit Federal intervention in State matters. The publication of this collection provides an intelligent voice to the national debate.

Territorial Politics and Secession

Author : Martin Belov
Publisher : Springer Nature
ISBN 13 : 3030644022
Total Pages : 315 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Territorial Politics and Secession by : Martin Belov

Download or read book Territorial Politics and Secession written by Martin Belov and published by Springer Nature. This book was released on 2021-03-29 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.

Between Democracy and Law

Author : Carlos Closa
Publisher : Routledge
ISBN 13 : 0429626800
Total Pages : 178 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Between Democracy and Law by : Carlos Closa

Download or read book Between Democracy and Law written by Carlos Closa and published by Routledge. This book was released on 2019-09-30 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).