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The intersection of law and religion is a growing area of study for
academics working in both subject areas. This book draws together
research on several collisions between the two arenas, including a
study of religious clauses in the US constitution and the interplay
between religion and law in Canada, Australia and South Africa.
With an emphasis on common law traditions, this book will be
essential reading for researchers and advanced students of law and
religion.
The present international order is characterized by the rapid
globalization of economic activity, by systematic attempts to
coordinate state responses to the outbreaks of violence and by
unilateral military interventions against sovereign states either
by the USA or by one of its regional allies. This collection
explores the changes that the current international order has
brought to the theory and practice of recognition of secessionist
claims and to the conditions for secessionist mobilization. The
volume examines how independence movements achieve legitimacy
amongst both their target populations and outside states, and how
the forces of increasing economic globalization and political
interdependence impact on secessionist mobilization. It addresses
how the outside states recognize the independence of new states and
whether the claims to independent statehood can be justified within
normative theories of secession and international law. These issues
are explored both through comparative analysis within legal,
international relations and political science frameworks and
through an examination of several recent attempts at secession.
The present international order is characterized by the rapid
globalization of economic activity, by systematic attempts to
coordinate state responses to the outbreaks of violence and by
unilateral military interventions against sovereign states either
by the USA or by one of its regional allies. This collection
explores the changes that the current international order has
brought to the theory and practice of recognition of secessionist
claims and to the conditions for secessionist mobilization. The
volume examines how independence movements achieve legitimacy
amongst both their target populations and outside states, and how
the forces of increasing economic globalization and political
interdependence impact on secessionist mobilization. It addresses
how the outside states recognize the independence of new states and
whether the claims to independent statehood can be justified within
normative theories of secession and international law. These issues
are explored both through comparative analysis within legal,
international relations and political science frameworks and
through an examination of several recent attempts at secession.
Secession is the creation of a new independent state out of an
existing state. This key volume examines the political, social and
legal processes of the practice of secession. Following an analysis
of secessionist movements and their role in attempts at secession,
eight case studies are explored to illustrate peaceful, violent,
sequential and recursive secessions. This is followed by a look at
the theoretical approaches and a discussion that focuses on the
economic causes. Normative theories of secession are discussed as
well as the status of secession in legal theory and practice. The
book systematizes our present knowledge of secessions in an
accessible way to readers not familiar with the phenomenon and its
consequences. It is ideal as a supplementary text to courses on
contemporary political and social movements, applied ethics and
political philosophy, international relations and international
law, state sovereignty and state formation.
Throughout history, church and state have both played important
roles in influencing the common law world. This study of these two
ancient sources of authority presents a body of recent research
into the intersection between law and religion within the common
law tradition. Law and Religion presents a collection of essays,
selected for their varying historical, cultural and constitutional
perspectives. The work examines the impact of religion on the
development of common law, and also considers its influence on
societies in general. In particular, the work explores the
implications of the segregation of church and state, and freedom of
religion. These issues are explored within the context of
constitutional law principles in countries such as the United
States, Australia, Canada and the United Kingdom. With an emphasis
on common law traditions, this book will be an ideal text for
students undertaking law and religion courses.
The Routledge Handbook of Self-Determination and Secession explores
the various debates surrounding the issues of self-determination
and secession, and the legal, political, and normative implications
they give rise to. Offering a broad survey of the state of the
sub-discipline today, the chapters are divided into seven key
parts: an Introduction, Self-Determination, Explaining and
Justifying Secession, Secession Strategies, Counter-Secession
Strategies, International Law and Secession, and Constitutional Law
and Secession. The authors, from a range of disciplinary
backgrounds, explore all the recent approaches to secession and
self-determination based on strategic interaction of major actors
in a secession process. This handbook will be of great interest to
students and researchers from a variety of disciplines including
politics and international relations, security studies, and law.
The demise of the former Yugoslavia was brought about by various secessionist movements seeking international recognition of statehood. This book provides a critical analysis from an international law perspective of the break-up of Yugoslavia. Although international recognition was granted to the former Yugoslav republics of Slovenia, Croatia, Bosnia-Hercegovina and Macedonia, the claims of secessionist movements that sought a revision of existing internal federal borders were rejected. The basis upon which the post-secession international borders were accepted in international law involved novel applications of international law principles of self-determination of peoples and uti possidetis. This book traces the developments of these principles, and the historical development of Yugoslavia's internal borders. eBook available with sample pages: 0203164644
Secession is a detachment of a territory from an existing state
with the aim of creating a new state on the detached territory.
Secession is usually an outcome of the political mobilization of a
population on the territory to be detached and, as a political
phenomenon, is a subject of study in the social sciences. Its
impact on inter-state relations is a subject of study in
international relations. But secession is also subject to
regulation both in the constitutional law of sovereign states and
in international law. Following a spate of secessions in the early
1990s, legal scholars have proposed a variety of ways to regulate
the international responses to attempts at secessions. Moreover,
since the 1980s normative justification of secession has been
subject to an intense debate among political theorists and moral
philosophers. This research companion has the following three
complementary aims. First, to offer an overview of the current
theoretical approaches to secession in the social sciences,
international relations, legal theory, political theory and applied
ethics. Second, to outline the current practice of international
recognition of secession and current domestic and international
laws which regulate secession. Third, to offer an account of major
secessionist movements - past and present - from a comparative
perspective. In their accounts of past secessions and current
secessionist movements, the contributors to this volume focus on
the following four components: the nature and source of
secessionist grievances, the ideologies and techniques of
secessionist mobilization, the responses of the host state or
majority parties in the host state, and the international response
to attempts at secession. This provides a basis for identification
of at least some common patterns in the otherwise highly varied
processes of secession.
In Texas v. White (1869), the Supreme Court of the United States
ruled that the unilateral secession of a state from the Union was
unconstitutional because the Constitution created “an
indestructible Union, composed of indestructible States.” The
Court ruled “there was no place for reconsideration, or
revocation, except through revolution, or through consent of the
States.” In his iconoclastic work, Peter Radan demonstrates why
the Court’s ruling was wrong and why, on the basis of American
constitutional law in 1860–1861, the unilateral secessions of the
Confederate states were lawful on the grounds that the United
States was forged as a “slaveholders’ Union.”Creating a More
Perfect Slaveholders’ Union addresses two constitutional issues:
first, whether the states in 1860 had a right to secede from the
Union and second, what significance slavery had in defining the
constitutional Union. These two matters came together when the
states seceded on the grounds that the system of government they
had agreed to—namely, a system of human enslavement—had been
violated by the incoming Republican administration. The legitimacy
of this secession was anchored, as Radan demonstrates, in the
compact theory of the Constitution, which held that because the
Constitution was a compact between the member states of the Union,
breaches of its fundamental provisions gave affected states the
right to unilaterally secede from the Union. In so doing the
Confederate states sought to preserve and protect their peculiar
institution by forming a more perfect slaveholders’ Union.
Creating a More Perfect Slaveholders’ Union stands as the first
and only systematic analysis of the legal arguments mounted for and
against secession in 1860–1861 and reshapes how we understand the
Civil War and, consequently, the history of the United States more
generally.
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