The Canadian Contribution to a Comparative Law of Secession

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Author :
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.

Secession

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Publisher : Cambridge University Press
ISBN 13 : 9780521849289
Total Pages : 560 pages
Book Rating : 4.8/5 (492 download)

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Book Synopsis Secession by : Marcelo G. Kohen

Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-21 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of secession from an international law perspective.

Between Democracy and Law

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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).

Constitutional Law and Politics of Secession

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Author :
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.

Self-Determination in International Law, Quebec and Lessons Learned

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Publisher : BRILL
ISBN 13 : 9004505822
Total Pages : 522 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Self-Determination in International Law, Quebec and Lessons Learned by : Anne Bayefsky

Download or read book Self-Determination in International Law, Quebec and Lessons Learned written by Anne Bayefsky and published by BRILL. This book was released on 2021-11-15 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?

Comparative Election Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788119029
Total Pages : 544 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Comparative Election Law by : Gardner, James A.

Download or read book Comparative Election Law written by Gardner, James A. and published by Edward Elgar Publishing. This book was released on 2022-04-21 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely research handbook offers a systematic and comprehensive examination of the election laws of democratic nations. Through a study of a range of different regimes of election law, it illuminates the disparate choices that societies have made concerning the benefits they wish their democratic institutions to provide, the means by which such benefits are to be delivered, and the underlying values, commitments, and conceptions of democratic self-rule that inform these choices.

Secession

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Author :
Publisher : Westview Press
ISBN 13 :
Total Pages : 202 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Secession by : Allen Buchanan

Download or read book Secession written by Allen Buchanan and published by Westview Press. This book was released on 1991-09-25 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book-length treatment of an increasingly crucial topic. Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable and applies it to historical and contemporary examples. Buchanan locates his account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society, such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete account of political community and political obligation.This is an important book, not just for political and social theorists, but for any reader concerned with the future of troubled political federations and other states under conditions of ethnic and cultural pluralism.

Language, Democracy, and the Paradox of Constituent Power

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Publisher : Routledge
ISBN 13 : 0429884737
Total Pages : 134 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Language, Democracy, and the Paradox of Constituent Power by : Catherine Frost

Download or read book Language, Democracy, and the Paradox of Constituent Power written by Catherine Frost and published by Routledge. This book was released on 2021-04-19 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Catherine Frost uses evidence and case studies to offer a re-examination of declarations of independence and the language that comprises such documents. Considered as a quintessential form of founding speech in the modern era, declarations of independence are however poorly understood as a form of expression, and no one can completely account for how they work. Beginning with the founding speech in the American Declaration, Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed. She brings the discussion up to date by looking at recent debates in Scotland, where an undeclared declaration of independence overshadows contemporary politics. Drawing on the work of Hannah Arendt and using a contextualist, comparative theory method, Frost demonstrates that the capacity for renewal through speech arises in aspects of language that operate beyond conventional performativity. Language, Democracy, and the Paradox of Constituent Power is an excellent resource for researchers and students of political theory, democratic theory, law, constitutionalism, and political history.

Secession and European Union Law

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Publisher : Oxford University Press
ISBN 13 : 0198882610
Total Pages : 420 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Secession and European Union Law by : N?ria Gonz?lez Campa??

Download or read book Secession and European Union Law written by N?ria Gonz?lez Campa?? and published by Oxford University Press. This book was released on 2024-05-23 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secession is a live issue in today's Western Europe. In the last decade, we have witnessed the consolidation of pro-independence movements in Scotland and Catalonia and in the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. The response of the EU institutions to secession within EU Member States may well be based mainly on political considerations. However, since the EU is a community based on the rule of law, it has also to justify its position with normative arguments of principle. Secession and European Union Law provides such normative support, drawing on a pluralist reading of the relation between EU law and national law, to support the conclusion that EU law should respect domestic constitutional orders. This book studies secession within EU Member States through legal methodology: the theoretical-doctrinal analysis of concepts and institutions, considering the evolving reality and case law. The legal approach has three dimensions, given the three different legal orders that interact at the EU level: international law, EU law and national constitutional law. Based on Article 4 (2) TEU, the central claim of this book is that the EU duty to respect national identity and fundamental constitutional structures generate obligations to respect Member States' constitutional orders, provided that the values enshrined in the Article are not violated by the Member State affected. Topical and original, Secession and European Union Law reviews and rethinks key features of the EU and the EU legal order.

Italian Regionalism and the Federal Challenge

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Publisher : Springer Nature
ISBN 13 : 303131543X
Total Pages : 204 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis Italian Regionalism and the Federal Challenge by : Erika Arban

Download or read book Italian Regionalism and the Federal Challenge written by Erika Arban and published by Springer Nature. This book was released on 2023-06-26 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph thoroughly illustrates the debate on federalism and regionalism as it emerged in Italy in the years preceding the unification of 1861 and then again in the early 1990s, a debate mainly centred on the deep socio-economic differences between the North and the South of the country. Torn between centripetal and centrifugal forces, the Italian regional model implemented with the 1948 constitution and strengthened in 2001 provokes questions that intersect with topical debates engaging scholars globally, potentially stimulating comparative discussions. While the future of Italian regionalism remains unclear, the Italian regional model combines lessons coming from different theoretical experiences, including federalism, sub-state nationalism, and the European unification process, representing a novel experiment fashioned by those who were looking for a compromise between unitary and federal schemes.

Across Boundaries

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0228007097
Total Pages : pages
Book Rating : 4.2/5 (28 download)

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Book Synopsis Across Boundaries by : André Blais

Download or read book Across Boundaries written by André Blais and published by McGill-Queen's Press - MQUP. This book was released on 2021-06-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Why and how does secession happen? How do different levels of government interact with each other? Why do some multilevel governments work better than others? What makes political extremism so virulent in today's society? These are some of the most pressing questions in political science today. These questions and research areas – secession, multilevel government, and political economy – were the focus of the writing and scholarship of Robert (Bob) Andrew Young (1950–2017), Canada Research Chair in Multilevel Governance at the University of Western Ontario and one of Canada's most distinguished political scientists. In Across Boundaries Young's former colleagues and students bring together contributions from his extensive network, which included academics, government officials, and media personalities. These essays speak to Young's legacy while providing new insight into research in multilevel governance, secession, and political economy. Young's body of work is exemplary in its attention to concrete policy issues as well as in the breadth of his interest across many subfields of political science. Across Boundaries honours his distinguished career and gives students, professors, and practitioners further insight into his scholarship.

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Publisher : Oxford University Press
ISBN 13 : 0192691031
Total Pages : 641 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis by :

Download or read book written by and published by Oxford University Press. This book was released on with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on Secession

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788971752
Total Pages : 411 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on Secession by : Jure Vidmar

Download or read book Research Handbook on Secession written by Jure Vidmar and published by Edward Elgar Publishing. This book was released on 2022-12-13 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues and concepts surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine. The Research Handbook offers state-of-the-art analysis of international law on – among other topics – statehood, secession, self-determination, as well as comparative constitutional perspectives.

The Oxford Handbook of the Canadian Constitution

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Publisher : Oxford University Press
ISBN 13 : 0190664835
Total Pages : 1088 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Oliver

Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Oliver and published by Oxford University Press. This book was released on 2017-08-10 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Nullification and Secession in Modern Constitutional Thought

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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.

Canada in the World

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Publisher : Cambridge University Press
ISBN 13 : 1108419739
Total Pages : 483 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Canada in the World by : Richard Albert

Download or read book Canada in the World written by Richard Albert and published by Cambridge University Press. This book was released on 2017-11-02 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.

On State Secession from International Law Perspectives

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Publisher : Springer
ISBN 13 : 3319974483
Total Pages : 296 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis On State Secession from International Law Perspectives by : Jing Lu

Download or read book On State Secession from International Law Perspectives written by Jing Lu and published by Springer. This book was released on 2018-10-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides essential legal information on state secession in an innovative manner: unlike conventional approaches, which invariably focus on whether there is a right to secession, here the discussion centers on how secessionist conflicts can be effectively resolved. To that end, the book not only reveals the inadequacy of the current international legal framework, but also carefully considers how relevant actors can work to improve the legal system. In short, it argues that secessionists and non-secessionists should conclude an agreement to reconcile their conflicting rights to self-determination, while external actors should do their utmost to ensure the success of these efforts. Positive external involvement requires external actors to refrain from the use of force and to participate more rationally in secessionist conflicts. Given its subject matter, the book will appeal to a broad readership, including students and researchers in international law, international relations and ethnic studies, as well as enthusiasts in these fields.