Constitutionalising Secession

di David Haljan (Autore)

Bloomsbury Publishing PLC, 2014

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.

• Autore: David Haljan
• Editore: Bloomsbury Publishing PLC
• Collana: Hart Studies in Comparative Public Law
• Anno: 2014
• Rilegatura: Hardback
• Pagine: 448 p.
• Dimensioni: 234 x 156 mm
• Peso: 947 gr.
• EAN: 9781849464376

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