Morality and Legality of Secession [electronic resource] : A Theory of National Self-Determination / by Pau Bossacoma Busquets.

Erişim Adresi
Link
ISBN
9783030265892
Dil Kodu
İngilizce
Yer Numarası
DK/16687
Yazar
Bossacoma Busquets, Pau.
Basım Bildirimi
1st ed. 2020.
Yayın Bilgisi
Cham : Springer International Publishing : Imprint: Palgrave Macmillan, 2020.
Fiziksel Niteleme
XXI, 386 p. 2 illus. online resource.
Dizi
Federalism and Internal Conflicts, 2946-5389
İçindekiler Notu
1. SECESSION IN POLITICAL PHILOSOPHY -- 1.1. The concept of secession -- 1.2. A contract theory of secession -- 1.3. The principle of nationality -- 1.4. Complementary causes to legitimize secession -- 2. SECESSION IN INTERNATIONAL LAW -- 2.1. Self-determination of peoples -- 2.2. Unilateral declarations of independence under international law -- 2.3. Effectiveness and international recognition -- 3. SECESSION IN CONSTITUTIONAL LAW -- 3.1. Constitutional right to secede and constitutional reform -- 3.2. The principle of democracy and secession -- 3.3. Representative democracy and secession -- 3.4. Referendum democracy and secession -- 3.5. Consensual secession -- 3.6. Internal self-determination -- 3.7. Unilateral secession -- Epilogue -- Bibliography.
Özet, vb.
This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations. Pau Bossacoma Busquets is Lecturer in Public Law at Pompeu Fabra University, Spain, and legal advisor of the Catalan Government. He is a member of the UPF Political Theory Research Group, the Evolution of Institutions Observatory and the Edinburgh Centre for Constitutional Law. He has authored several academic books, chapters and papers on constitutionalism, democracy, citizenship, nationalism, self-determination, sovereignty and territorial autonomy.
Konu
Constitutional law.
Political science.
Political science __ Philosophy.
International law.
Constitutional Law.
Political Theory.
Political Philosophy.
Public International Law.
Political Science.
Kurum Adı
SpringerLink (Online service)
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