Constitutional Law and Politics of Secession
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives.
The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks.
Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.
List of figures
List of contributors
1 Life and death of states: Secession as birth and not suicide: De-transcendentalizing a political taboo
ANTONI ABAT I NINET
2 Secession and its cognition: Conceptual distinctions and the patterns of legal imagination
3 Loyalty and disloyalty to the constitution: Meditations on 1776, 1861, and 2022
Constitutional Accommodation of secession
4 Taming the beast: On constituent power and secession
5 A procedural model of constitutionalized secession revisited
6 Secession, policy autonomy, and recognition
7 The theory and practice of self-determination in multinational democracies: A systematic comparison
FÉLIX MATHIEU & DAVE GUÉNETTE
8 Indigenous claims and the Chilean 2022 Draft Constitution in light of the secession paradigm
NATALIA MORALES CERDA & FRANCISCA POU GIMÉNEZ
Federalism, autonomy, and secession
9 Constitutional law, federalism, and secession
10 Multilevel constitutionalism and diversity: Prospects for secession in Bosnia and Herzegovina?
11 Non-territorial autonomy, not secession: The Palestinian- Arab minority in the Israeli Jewish-democratic state
HILLY MOODRICK-EVEN KHEN
International regulation and mediation of secession
12 Building bridges: A Janus-faced secession
JOSÉ ALBERTO AZEREDO LOPES AND CATARINA SANTOS BOTELHO
13 Catalonia: The right to self-determination and the consent of the governed
HÉCTOR LÓPEZ BOFILL
14 The regulation of secession
PAU BOSSACOMA BUSQUETS
15 Tigray and the (un)conditional right to self-determination, including the right to secession: Constitutional and international law perspective
MIHRETEAB T. TAYE