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Constitutionalising Secession

Constitutionalising Secession

          
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About the Book

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.


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Product Details
  • ISBN-13: 9781849464376
  • Publisher: Bloomsbury Publishing PLC
  • Binding: Hardback
  • Height: 246 mm
  • No of Pages: 448
  • Series Title: Hart Studies in Comparative Public Law
  • Weight: 906 gr
  • ISBN-10: 1849464375
  • Publisher Date: 25 Feb 2014
  • Depth: 32
  • Language: English
  • Returnable: Y
  • Spine Width: 33 mm
  • Width: 180 mm


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