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Constitutionalising Secession (Hardcover, New)
Loot Price: R4,144
Discovery Miles 41 440
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Constitutionalising Secession (Hardcover, New)
Series: Hart Studies in Comparative Public Law
Expected to ship within 10 - 15 working days
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Total price: R4,164
Discovery Miles: 41 640
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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.
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