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Bloomsbury Constitutionalising Secession: 4 (Hart Studies in Comparative Public Law)

Name: Constitutionalising Secession: 4 (Hart Studies in Comparative Public Law)
Brand: Bloomsbury
Price: 75.0 GBP
Availability: InStock

Law

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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. Review "David Haljan's Constitutionalising Secession is surprisingly timely as well as intellectually engaging...provid[ing] an excellent overview of practically every theoretical issue present in secessionist disputes. It amply repays a close reading.There can be no doubt that Haljan has made an enduring contribution to the literature on secession, and no future discussion can afford to ignore his well-constructed, sometimes even eloquent, arguments even if one continues to be sympathetic to unvarnished claims for "self-determination" even in the absence of tyrannical hegemons." --Law and Politics Book Review "...a timely and in-depth contribution to this area of the law...an ideal read for anyone seeking to acquire expertise in the theoretical study of secession movements." --Common Market Law Review "...a valuable contribution to the debate..." --European Constitutional Law Review "Constitutionalising Secession is undoubtedly valuable contribution not only to the literature on secession, but also to the wider field of constitutional theory as a whole." --Public Law Review About the Author David Haljan is an Affiliated Senior Researcher in the Institute for Constitutional Law of the Faculty of Law at the University of Leuven,and Co-Editor of the Constitutional Law Series, International Encyclopaedia of Laws.

Product Specifications

Brand: Bloomsbury
Format: hardcover
ASIN: 1849464375
Category: Books > Subjects > Business, Finance & Law > Law
Domain: Amazon UK
Release Date: 25 February 2014
Listed Since: 21 February 2013

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Bloomsbury Constitutionalising Secession: 4 (Hart Studies in Comparative Public Law)

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