Constitutionalising Secession by David Haljan (English) Hardcover Book

Description: Constitutionalising Secession by David Haljan 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. FORMAT Hardcover LANGUAGE English CONDITION Brand New Publisher Description 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. Author Biography David Haljan is an Affiliated Senior Researcher in the Institute for Constitutional Law of the Faculty of Law at the University of Leuven,and Co-Editor of the Constitutional Law Series, International Encyclopaedia of Laws. Table of Contents 1 Constitutionalising Secession?Constitutional Order and DisorderDisorder: A Secession CrisisA Right Ordering of SecessionOrdering the Right to SecedeTerms of ReferenceA Note on NationalismReference TermsOutline of the BookCanada?In a Broader Context2 Associative ConstitutionalismThe Realists ChallengeForm and Function: Structural ConceptsNational Constitutional Law GenerallyConstitution and AssociationForms Legacy: ReificationReification and Constitutional StressCivil SocietyAssociative ConstitutionalismAssociations, Morality and ValuesGovernment and ConstitutionGovernment: Control and AuthorityAuthority: Legality and LegitimacyRules and AssociationsThe Hart of a ConstitutionNature of RulesArticulating the ConstitutionAssociations, Institutions and LawA Theory of InstitutionsTransformation: Institutional Premise, Constitutional PromiseA Constitutional View on Secession3 Primary Right TheoryConsent as PrimaryConsent, Obligation and SecessionInsufficiency of Tacit ConsentInsufficiency of the Fairness PrincipleWhat is Really Consented To?Consent and Group RightsFrom Primary Right to an Instrumentality Needing Just CauseConsent as Insufficient GroundsAn Instrumental Concept Based on Just CauseLaw and Politics of Consent Theory4 Remedial Right or Just-Cause TheoryOppression as Justification for SecessionConcept of OppressionFundamental Difference from the Primary Right ModelFrom Right to RemedyA Right Understanding of SecessionContinuity ConditionMutuality ConditionParsing RemediesInstitutions and Rights to a RemedyThe Remedy of SecessionResponsibility for Constitutional CollapseImplications of Transformative Failure: Remedial SecessionWhat Gives Rise to Remedial Secession?5 Remedial Secession and DisassociationDiscriminatory RedistributionDiscrimination as the Violation of EqualityEquality, Commensurability and Associative RelationshipsCultural Preservation and Self-defenceA Nationalist Application of the Oppression Grounds?Rectificatory JusticeLaw and Politics of Just-Cause Theory6 Nationalist Theory of SecessionThe Core of Nationalist Secession: National Self-determinationNationalisms Gloss on Remedial Rights: A Primary Right to Cultural IdentityNationalisms Affinity for Primary Rights: the Nation as Rights-HolderSummary: Different Strokes for Different VolksThe Nation as the Summum BonumA Concept of a NationCulture of a NationSubjective Standard: Imagining a NationNationalism and PoliticsConsiderations on Subjectivity in NationalismNext Steps: Whos the Boss?7 Nationalism and AssociationNation and IdentityProtection of IdentityPriority of National Identity: Enforcing the BoundariesIdentity and TransformationSources of the National SelfLaw and Politics of Nationalism Theory8 Constitutional Text and ContextOf TextHard Realities of DraftingA Questionable Achievement?Of ContextStructure of ContextContext of StructureContext of Amending PowersContext of Constitutional Rights and FreedomsSecession and Federal ConstitutionsStructure and PoliticsFederalism and VoiceConclusion9 Negotiating Secession: Of Voice and VetoBackgroundBertrand v QuébecBertrand v Québec (No 1)Bertrand v Québec (No 2)Québec v Constitution of CanadaSetting the ReferenceReferences and Constitutional InterpretationThe Supreme Courts OpinionPreliminary ObjectionJusticiability and ConstitutionalityQuestion 1: the Constitution and Unilateral SecessionUnwritten, Basic Constitutional PrinciplesFederalism and Provincial AutonomyDeliberative Democracy and Qualified MajoritiesBound by the Law: the Rule of Law and ConstitutionalismProtecting MinoritiesUnconstitutionality of Unilateral SecessionPrimary Right Modelling of Constitutional SecessionQuestions 2 and 3: International Law, Secession and ConstitutionsQuestion 2: International Law and SecessionQuestion 3: Domestic Law v International LawJusticiability and JustifiabilityRemedial Right ModellingSummaryOf Voice and Veto: Popular Sovereignty and the Rule of LawDemocratic Will and Constitutional AmendmentSecession and Constitutional VetoOf Voice and Veto: Law, Politics and SecessionConclusion10 Legislating Rules for Secession?Origins of the Clarity ActWhat the Clarity Act SaysA Liminal Issue: Characterising the Powers under the ActBeing Clear on the Constitutional QuestionsNo Interference with Québecs Referendum JurisdictionNo Clear Violations of the Charter of RightsNo Vagueness to the Acts ProvisionsNo Interference with Parliamentary SovereigntyThe Absence of ClarityNo Definition of ClarityStrategic BargainingRestricted to Province-oriented Secession AttemptsNo Reference to Majorities Outside of a Secessionist ProvinceA Clearly Positivist Approach to Constitutional SecessionProcess and StructurePitfalls of the Positivist Approach11 ConclusionsDisassociating the StateDisassociation and Theories of SecessionLaw, Politics and Beyond Review David Haljans Constitutionalising Secession is surprisingly timely as well as intellectually engaging…provid[ing] an excellent overview of practically every theoretical issue present in secessionist disputes. It amply repays a close reading.There can be no doubt that Haljan has made an enduring contribution to the literature on secession, and no future discussion can afford to ignore his well-constructed, sometimes even eloquent, arguments even if one continues to be sympathetic to unvarnished claims for "self-determination" even in the absence of tyrannical hegemons. -- Sanford Levinson * Law and Politics Book Review *...a timely and in-depth contribution to this area of the law...an ideal read for anyone seeking to acquire expertise in the theoretical study of secession movements. -- Michele Fink * Common Market Law Review *...a valuable contribution to the debate... -- Henri de Waele * European Constitutional Law Review *Constitutionalising Secession is undoubtedly valuable contribution not only to the literature on secession, but also to the wider field of constitutional theory as a whole. -- David Taylor * Public Law Review * Review Quote "David Haljans Constitutionalising Secession is surprisingly timely as well as intellectually engaging...provid[ing] an excellent overview of practically every theoretical issue present in secessionist disputes. It amply repays a close reading.There can be no doubt that Haljan has made an enduring contribution to the literature on secession, and no future discussion can afford to ignore his well-constructed, sometimes even eloquent, arguments even if one continues to be sympathetic to unvarnished claims for "self-determination" even in the absence of tyrannical hegemons." -- Law and Politics Book Review "...a timely and in-depth contribution to this area of the law...an ideal read for anyone seeking to acquire expertise in the theoretical study of secession movements." -- Common Market Law Review "...a valuable contribution to the debate..." -- European Constitutional Law Review " Constitutionalising Secession is undoubtedly valuable contribution not only to the literature on secession, but also to the wider field of constitutional theory as a whole." -- Public Law Review Feature This interesting study proceeds from the question, What, if anything, does the law have to say about a secession crisis? Details ISBN1849464375 Author David Haljan Series Hart Studies in Comparative Public Law ISBN-10 1849464375 ISBN-13 9781849464376 Format Hardcover Imprint Hart Publishing Place of Publication Oxford Country of Publication United Kingdom DEWEY 342 Year 2014 Short Title CONSTITUTIONALISING SECESSION Language English Media Book Publisher Bloomsbury Publishing PLC Pages 448 Illustrations black & white illustrations Series Number 4 UK Release Date 2014-02-25 Publication Date 2014-02-25 NZ Release Date 2014-02-25 Audience Professional & Vocational AU Release Date 2014-02-24 We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:78971160;

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