Territorial Politics and Secession
Territorial Politics and Secession

Author: Martin Belov

Publisher: Springer Nature

Published: 2021-03-29

Total Pages: 315

ISBN-13: 3030644022

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This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.

A Constitutional History of Secession
A Constitutional History of Secession

Author: John Remington Graham

Publisher: Pelican Publishing

Published: 2002

Total Pages: 472

ISBN-13:

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A timeless reference on the right of secession from Britainís Glorious Revolution to Canada's current situation. Born in Minnesota, John Remington Graham is a constitutional-law attorney who served as an advisor on secession to the amicus curiae for Quebec.

The Canadian Contribution to a Comparative Law of Secession
The Canadian Contribution to a Comparative Law of Secession

Author: Giacomo Delledonne

Publisher: Springer

Published: 2018-12-11

Total Pages: 295

ISBN-13: 3030034690

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This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.

Secession on Trial
Secession on Trial

Author: Cynthia Nicoletti

Publisher: Cambridge University Press

Published: 2017-10-19

Total Pages: 359

ISBN-13: 1108415520

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This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.

Morality and Legality of Secession
Morality and Legality of Secession

Author: Pau Bossacoma Busquets

Publisher: Springer Nature

Published: 2019-11-19

Total Pages: 393

ISBN-13: 3030265897

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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.

Seceding from Secession
Seceding from Secession

Author: Eric J. Wittenberg

Publisher: Savas Beatie

Published: 2020-06-09

Total Pages: 290

ISBN-13: 1611215072

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A “thoroughly researched [and] historically enlightening” account of how the Commonwealth of Virginia split in two in the midst of war (Civil War News). “West Virginia was the child of the storm.” —Mountaineer historian and Civil War veteran Maj. Theodore F. Lang As the Civil War raged, the northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union’s 35th state. Seceding from Secession chronicles those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of West Virginia. President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event. Grounded in a wide variety of sources and including a foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, this book is indispensable for anyone interested in American history.

Post Sovereign Constitution Making
Post Sovereign Constitution Making

Author: Andrew Arato

Publisher: Oxford University Press

Published: 2016

Total Pages: 321

ISBN-13: 0198755988

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Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

Secession
Secession

Author: Allen Buchanan

Publisher: Westview Press

Published: 1991-09-25

Total Pages: 202

ISBN-13:

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This is the first book-length treatment of an increasingly crucial topic. Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable and applies it to historical and contemporary examples. Buchanan locates his account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society, such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete account of political community and political obligation.This is an important book, not just for political and social theorists, but for any reader concerned with the future of troubled political federations and other states under conditions of ethnic and cultural pluralism.

The Secessionist States of America
The Secessionist States of America

Author: Douglas MacKinnon

Publisher: Simon and Schuster

Published: 2014-10-07

Total Pages: 214

ISBN-13: 1632201178

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Millions of American families from every race, creed, and economic background are losing hope as the United States continues slide deeper into fiscal insanity and moral decay. Where will America stand when we lose our traditional values, border security, and limited government? Having gained insight from industry experts in farming, energy, infrastructure, and finance, author Douglas MacKinnon has outlined one alternative to our existing government in an entirely constitutional and legal approach—secession from the United States of America. President Abraham Lincoln once said, “This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it.” With this patriotic wisdom of Abraham Lincoln and Thomas Jefferson in mind, MacKinnon also works in conjunction with a team of highly experienced individuals from Special-Ops, intelligence, the military, and constitutional law to provide you with the answers to why, how, when, and where as he outlines what secessionism would bring. Using maps, charts, and excerpts of previously published materials to supplement his own interviews and research, MacKinnon has written a powerful, one-of-a-kind book that will initiate conversation—and movement—throughout the country.