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Constitutional Law and Politics of Secession book cover

1st Edition

Constitutional Law and Politics of Secession

Edited By Antoni Abat i Ninet Copyright 2024
384 Pages 4 B/W Illustrations
by Routledge

384 Pages 4 B/W Illustrations
by Routledge

384 Pages 4 B/W Illustrations
by Routledge
Also available as eBook on:
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,... Read more

List of figures

List of contributors

Introduction

PART I

Epistemological construction

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

ZORAN OKLOPCIC

3 Loyalty and disloyalty to the constitution: Meditations on 1776, 1861, and 2022

SANFORD LEVINSON

PART II

Constitutional Accommodation of secession

4 Taming the beast: On constituent power and secession

GIUSEPPE MARTINICO

5 A procedural model of constitutionalized secession revisited

MIODRAG JOVANOVIĆ

6 Secession, policy autonomy, and recognition

MARK TUSHNET

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

PART III

Federalism, autonomy, and secession

9 Constitutional law, federalism, and secession

ERIKA ARBAN

10 Multilevel constitutionalism and diversity: Prospects for secession in Bosnia and Herzegovina?

MAJA SAHADŽIĆ

11 Non-territorial autonomy, not secession: The Palestinian- Arab minority in the Israeli Jewish-democratic state

HILLY MOODRICK-EVEN KHEN

PART IV

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

Index

Biography

Antoni Abat i Ninet is Maria Zambrano Researcher at Institut d’Estudis Europeus, UAB, Barcelona and Visiting Professor of Constitutional Law and Legal Theory at the Faculty of Law, Hebrew University of Jerusalem, Israel.

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