Constitutionalizing Secession in Federalized States: A Procedural ApproachEleven International Publishing, 2007 - 233 էջ 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. |
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CHAPTER 1 Theorizing Consensual Secession | 1 |
CHAPTER 2 Secession and Federalized States | 47 |
CHAPTER 3 The Badinter Borders Principle and the | 83 |
CHAPTER 4 In Search of Good Practice Secession in | 115 |
CHAPTER 5 Enacting Secession in Federalized States | 165 |
In Lieu of a Conclusion | 197 |
Bibliography | 205 |
225 | |
Common terms and phrases
argues argument Article Assembly Australia autonomy Badinter Commission Bosnia and Herzegovina boundaries Buchanan campaign Canada Canadian cantons citizens concerned concludes conflict Constitutional Law constitutionalization of secession Court Croatia cultural decision Democracy democratic direct democracy elections electoral Ethiopia ethnic ethnocultural European Journal European Union existing fact favour federal units Fleiner historical human rights Identity independence institutional international law issue Journal of International Kitts Kymlicka legitimacy liberal majority Montenegro Montevideo Convention moral Multicultural Multinational National Self-Determination negotiations Nevis Norman normative Northern Ireland opinion option organized parties population province Quebec Quebec Secession Reference question Radan recognition referendum regional respect right to secession right to self-determination secede secession clause secession procedure secessionist secessionist movement secessionist politics Serbia SFRY society sovereignty Soviet statehood status supra note Theories of Secession Treaty University Press uti possidetis uti possidetis principle Venice Commission vote Weinstock Western Australia Yugoslav