Constitutionalising secession / David Haljan.

Includes bibliographical references and index.

Constitutionalising secession? -- Associative constitutionalism -- Primary right theory -- Remedial right or just-cause theory -- Remedial succession and disassociation -- Nationalist theory of succession -- Nationalism and association -- Constitutional text and context -- Negotiating secession : of voice and veto -- Legislating rules for secession? -- Conclusions.

Online resource; title from PDF title page (EBSCO, viewed January 6, 2015).

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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