| Constitutionalising Secession UK Edition Contributor(s): Haljan, David (Author) |
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ISBN: 1849464375 ISBN-13: 9781849464376 Publisher: Hart Publishing OUR PRICE: $133.65 Product Type: Hardcover - Other Formats Published: February 2014 |
| Additional Information |
| BISAC Categories: - Law | Constitutional - Law | Comparative |
| Dewey: 342.7 |
| Physical Information: 1.3" H x 7.1" W x 9.7" (2.00 lbs) 448 pages |
| Descriptions, Reviews, Etc. |
| 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. |