Constitutionalising Secession - Haljan, David

. .

Résumé :

1 Constitutionalising Secession?
Constitutional Order and Disorder
Disorder: A Secession Crisis
A Right Ordering of Secession
Ordering the Right to Secede
Terms of Reference
A Note on Nationalism
Reference Terms
Outline of the Book
Canada?
In a Broader Context
2 Associative Constitutionalism
The Realist's Challenge
Form and Function: Structural Concepts
National Constitutional Law Generally
Constitution and Association
Form's Legacy: Reification
Reification and Constitutional Stress
Civil Society
Associative Constitutionalism
Associations, Morality and Values
Government and Constitution
Government: Control and Authority
Authority: Legality and Legitimacy
Rules and Associations
The Hart of a Constitution
Nature of Rules
Articulating the Constitution
Associations, Institutions and Law
A Theory of Institutions
Transformation: Institutional Premise, Constitutional Promise
A Constitutional View on Secession
3 Primary Right Theory
Consent as Primary
Consent, Obligation and Secession
Insufficiency of Tacit Consent
Insufficiency of the Fairness Principle
What is Really Consented To?
Consent and Group Rights
From Primary Right to an Instrumentality Needing Just Cause
Consent as Insufficient Grounds
An Instrumental Concept Based on Just Cause
Law and Politics of Consent Theory
4 Remedial Right or Just-Cause Theory
Oppression as Justification for Secession
Concept of Oppression
Fundamental Difference from the Primary Right Model
From Right to Remedy
A Right Understanding of Secession
Continuity Condition
Mutuality Condition
Parsing Remedies
Institutions and Rights to a Remedy
The Remedy of Secession
Responsibility for Constitutional Collapse
Implications of Transformative Failure: Remedial Secession
What Gives Rise to Remedial Secession?
5 Remedial Secession and Disassociation
Discriminatory Redistribution
Discrimination as the Violation of Equality
Equality, Commensurability and Associative Relationships
Cultural Preservation and Self-defence
A Nationalist Application of the Oppression Grounds?
Rectificatory Justice
Law and Politics of Just-Cause Theory
6 Nationalist Theory of Secession
The Core of Nationalist Secession: National Self-determination
Nationalism's Gloss on Remedial Rights: A Primary Right to Cultural Identity
Nationalism's Affinity for Primary Rights: the Nation as Rights-Holder
Summary: Different Strokes for Different Volks
The Nation as the Summum Bonum
A Concept of a Nation
Culture of a Nation
Subjective Standard: Imagining a Nation
Nationalism and Politics
Considerations on Subjectivity in Nationalism
Next Steps: Who's the Boss?
7 Nationalism and Association
Nation and Identity
Protection of Identity
Priority of National Identity: Enforcing the Boundaries
Identity and Transformation
Sources of the 'National' Self
Law and Politics of Nationalism Theory
8 Constitutional Text and Context
Of Text
Hard Realities of Drafting
A Questionable Achievement?
Of Context
Structure of Context
Context of Structure
Context of Amending Powers
Context of Constitutional Rights and Freedoms
Secession and Federal Constitutions
Structure and Politics
Federalism and Voice
Conclusion
9 Negotiating Secession: Of Voice and Veto
Background
Bertrand v Qu?bec
Bertrand v Qu?bec (No 1)
Bertrand v Qu?bec (No 2)
Qu?bec v Constitution of Canada
Sett...

Biographie:
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....

Sommaire:
David Haljan...