Constitutionalising Secession

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253319
Total Pages : 884 pages
Book Rating : 4.7/5 (822 download)

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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.

Constitutionalising Secession

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253300
Total Pages : 450 pages
Book Rating : 4.7/5 (822 download)

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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 450 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.

A Constitutional History of Secession

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Author :
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."

Secession and Constitutional Liberty

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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:

Constitutionalizing Secession in Federalized States

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Author :
Publisher : Eleven International Publishing
ISBN 13 : 9077596275
Total Pages : 257 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis Constitutionalizing Secession in Federalized States by : Miodrag A. Jovanović

Download or read book Constitutionalizing Secession in Federalized States written by Miodrag A. Jovanović and published by Eleven International Publishing. This book was released on 2007 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a thorough and professional study about secession. Starting from the perspective of contemporary political philosophy, the book explores the relevance of this issue for the theory and practice of federalism, as well as its status under current public international law, and concludes with a comparative constitutional analysis of the subject matter. In the final chapter, it provides a constitutionalized procedure of secession, based on fundamental liberal-democratic values. The book argues that a liberal-democratic response to the secession controversy might consist of the constitutionalization of a right to secession. While a number of recent works in political theory point to the fact that, under certain circumstances, the moral right of a group to secession should be recognized, only a few of them are ready to defend the institutionalization of that right through the instruments of constitutional law. This topical and thought-provoking book is a welcome contribution to the ongoing debate on secession and will be of interest to academics in a variety of disciplines, such as law, history, politics, international relations, philosophy and applied ethics, and to politicians and constitution-drafters.

Secession and Constitutional Liberty

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Publisher :
ISBN 13 :
Total Pages : 444 pages
Book Rating : 4.F/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 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Constitutional Ethics of Secession, And, "War is Hell"

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Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Constitutional Ethics of Secession, And, "War is Hell" by : Charles Francis Adams

Download or read book The Constitutional Ethics of Secession, And, "War is Hell" written by Charles Francis Adams and published by . This book was released on 1903 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

One Nation, Indivisible?

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Publisher : Fultus Corporation
ISBN 13 : 1596820918
Total Pages : 357 pages
Book Rating : 4.5/5 (968 download)

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Book Synopsis One Nation, Indivisible? by : Robert F. Hawes

Download or read book One Nation, Indivisible? written by Robert F. Hawes and published by Fultus Corporation. This book was released on 2006 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is secession legal under the United States Constitution? "One Nation, Indivisible?" takes a fresh look at this old question by evaluating the key arguments of such anti-secession men as Daniel Webster and Abraham Lincoln, in light of reason, historical fact, the language of the Constitution, and the words of America's Founding Fathers. Modern anti-secession arguments are also examined, as are the questions of why Americans are becoming interested in secession once again, whether secession can be avoided, and how an American state might peacefully secede from the Union.

One Nation, Indivisible?

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Author :
Publisher : CreateSpace
ISBN 13 : 9781514663486
Total Pages : 328 pages
Book Rating : 4.6/5 (634 download)

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Book Synopsis One Nation, Indivisible? by : Robert Hawes

Download or read book One Nation, Indivisible? written by Robert Hawes and published by CreateSpace. This book was released on 2015-07-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: One hundred and fifty years after the end of the War Between the States, America finds itself embroiled in socio-political controversies that are resurrecting old issues with a new vigor. Among these issues are the proper relationship of the states to the federal government, and the question of whether a state has any right to secede from the Union should Washington's partisan hand grow too heavy. In response, some argue that these questions are meaningless, given the Union's victory over the Southern Confederacy in 1865. Others, however, argue that questions of right cannot be resolved by means of force, and that the only question the war answered is which side could win a military victory over the other. One Nation Indivisible? A Study of Secession and the Constitution takes a hard look at the issues involved with the question of secession in light of the Constitution and various objections raised by such noteworthy historical figures as Daniel Webster and Abraham Lincoln, men whose views have largely been accepted as gospel in political circles. More modern objections are also considered. In Part One, the Compact Theory of the Union is contrasted with the Nationalist Theory on such questions as when the Union began, whether it was created by the states or the American people as a whole, and what sort of government the Founding Fathers intended to give us. Part Two continues the discussion with a specific focus on Abraham Lincoln's arguments against the secessions of the Southern states in 1861. Among the issues examined here are whether the Union is perpetual, whether the states possess sovereignty, whether states would need the permission of the whole Union in order to secede, whether secession itself is the "essence of anarchy," and the circumstances under which the war between the United and Confederate States began. Part Three moves on to considering more modern arguments against secession, including the idea that secession is simply "un-American," whether the Constitution was suspended under Abraham Lincoln, whether the war between North and South was a moral crusade to end slavery, whether the question of secession should lie exclusively with the Supreme Court, and whether America is too important in world affairs to permit secession. Part Four concludes the study by examining current political trends and whether secession might have any place in America's future. Originally published in 2006, this edition is revised and updated. "The federal government's growth of power at the expense of individuals and natural human communities has been the trend so long now that it has seemed inevitable. But thoughtful people of late have been rediscovering the true decentralist origins of the United States. Robert Hawes states the case beautifully for the forgotten decentralist tradition - which may be our only hope for the preservation of freedom." - Clyde Wilson, Professor of History, University of South Carolina (review of the first edition)

American Dis-union: Constitutional Or Unconstitutional?

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Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis American Dis-union: Constitutional Or Unconstitutional? by : Charles Edward Rawlins

Download or read book American Dis-union: Constitutional Or Unconstitutional? written by Charles Edward Rawlins and published by . This book was released on 1862 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Is Davis a Traitor, Or, Was Secession a Constitutional Right Previous to the War of 1861?

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Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Is Davis a Traitor, Or, Was Secession a Constitutional Right Previous to the War of 1861? by : Albert Taylor Bledsoe

Download or read book Is Davis a Traitor, Or, Was Secession a Constitutional Right Previous to the War of 1861? written by Albert Taylor Bledsoe and published by . This book was released on 1866 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The sole object of this work is to discuss the right of secession with reference to the past; in order to vindicate the character of the South for loyalty, and to wipe off the charges of treason and rebellion from the names and memories of Jefferson Davis, Stonewall Jackson, Albert Sydney Johnston, Robert E. Lee, and of all who have fought or suffered in the great war of coercion. Admitting, then, that the right of secession no longer exists; the present work aims to show, that, however those illustrious heroes may have been aspersed by the ignorance, the prejudices, and the passions of the hour, they were, nevertheless, perfectly loyal to truth, justice, and the Constitution of 1787 as it came from the hands of the fathers"--Preface.

Secession, State, and Liberty

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Publisher : Transaction Publishers
ISBN 13 : 1412833833
Total Pages : 362 pages
Book Rating : 4.4/5 (128 download)

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Book Synopsis Secession, State, and Liberty by : David Gordon

Download or read book Secession, State, and Liberty written by David Gordon and published by Transaction Publishers. This book was released on with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political impulse to secede -- to attempt to separate from central government control -- is a conspicuous feature of the post-cold war world. It is alive and growing in Canada, Russia, China, Italy, Belgium, Britain, and even the United States Yet secession remains one of the least studied and least understood of all historical and political phenomena. The contributors to this volume have filled this gap with wide-ranging investigations -- rooted in history, political philosophy, ethics, and economic theory -- of secessionist movements in the United States, Canada, and Europe. Is secessionism extremist, a dangerous rebellion that threatens the democratic process? Gordon and his contributors think otherwise. They believe that the secessionist impulse is a vital part of the classical liberal tradition, one that emerges when national governments become too big and too ambitious. Unlike revolution, secession seeks only separation from rule, preferably through non-violent means. It is based on the moral idea, articulated by Ludwig von Mises in 1919, that "no people and no part of a people shall be held against its will in a political association that it does not want. The authors cite the famed 1861 attempt to create a confederacy of Southern states as legal, right, and a justifiable response to Northern political imperialism. They note that this was not the first American secession attempt -- the New England states tried to form their own confederacy during the War of 1812. This evidence, they argue, begs a reinterpretation of the U.S. Constitution along secessionist lines. Further they believe that the threat of secession should be revived as a bulwark against government encroachmenton individual liberty and private property rights, a guarantor of international free trade, and a protection against attempts to curb the freedom of association. These straightforward, pellucid arguments include essays by Donald Livingston, Murray N. Rothbard, Clyde Wilson, Thomas DiLorenzo, and Bruce Benson, among others. If overgrown nations continue to decompose, as they have for the last decade, these authors believe it is essential that secession be taken seriously, and fully understood. Secession, State, and Liberty makes a vital contribution toward that end. This stimulating, thought-provoking collection is necessary reading for intellectual historians and political scientists.

Morality and Legality of Secession

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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.

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

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Publisher :
ISBN 13 :
Total Pages : 218 pages
Book Rating : 4.3/5 (91 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 . This book was released on 1893 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The War Between the States; Or, Was Secession a Constitutional Right Previous to the War of 1861-65?

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Publisher :
ISBN 13 :
Total Pages : 250 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis The War Between the States; Or, Was Secession a Constitutional Right Previous to the War of 1861-65? by : Albert Taylor Bledsoe

Download or read book The War Between the States; Or, Was Secession a Constitutional Right Previous to the War of 1861-65? written by Albert Taylor Bledsoe and published by . This book was released on 1915 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Secession and Constitutional Liberty, in Which is Shown the Right of a Nation to Secede From a Compact of Federation and That Such Right is Necessary to Constitutional Liberty and a Surety of Union;; Volume 2

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Author :
Publisher : Legare Street Press
ISBN 13 : 9781020502910
Total Pages : 0 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Secession and Constitutional Liberty, in Which is Shown the Right of a Nation to Secede From a Compact of Federation and That Such Right is Necessary to Constitutional Liberty and a Surety of Union;; Volume 2 by : Bunford 1857-1949 Samuel

Download or read book Secession and Constitutional Liberty, in Which is Shown the Right of a Nation to Secede From a Compact of Federation and That Such Right is Necessary to Constitutional Liberty and a Surety of Union;; Volume 2 written by Bunford 1857-1949 Samuel and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth analysis of the issue of secession and its relationship to constitutional liberty and union. It includes discussions of the US Constitution, as well as the constitution of the Confederate States of America. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Secession, State, and Liberty

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Author :
Publisher : Routledge
ISBN 13 : 1351491717
Total Pages : 361 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis Secession, State, and Liberty by : David Stove

Download or read book Secession, State, and Liberty written by David Stove and published by Routledge. This book was released on 2017-09-29 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political impulse to secede - to attempt to separate from central government control - is a conspicuous feature of the post-cold war world. It is alive and growing in Canada, Russia, China, Italy, Belgium, Britain, and even the United States Yet secession remains one of the least studied and least understood of all historical and political phenomena. The contributors to this volume have filled this gap with wide-ranging investigations - rooted in history, political philosophy, ethics, and economic theory - of secessionist movements in the United States, Canada, and Europe.