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About Constitutionalising Secession (Hart Studies in Comparative Public Law)
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.
Detailed Information
| Author: | David Haljan |
|---|---|
| Publication Year: | 2014 |
| ISBN: | 9781849464376 |
| Pages: | 440 |
| Language: | English |
| File Size: | 2.3 |
| Format: | |
| Price: | FREE |
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