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Federalism and Internal Conflicts
cover

Morality and Legality of Secession

A Theory of National Self-Determination

Authors: Bossacoma Busquets, Pau

  • Develops a moral theory of secession based on a hypothetical multinational contract
  • Includes a rich collection of secession (referendum) experiences, rules and doctrines
  • Proposes a constitutional theory on unilateral secession based on the emergence of a new constituent people for cases where there is no constitutional option to secede
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Buy this book

eBook $64.99
price for USA in USD (gross)
  • The eBook version of this title will be available soon
  • Due: January 23, 2020
  • ISBN 978-3-030-26589-2
  • Digitally watermarked, DRM-free
  • Included format:
  • ebooks can be used on all reading devices
Hardcover $119.99
price for USA in USD
  • Customers within the U.S. and Canada please contact Customer Service at +1-800-777-4643, Latin America please contact us at +1-212-460-1500 (24 hours a day, 7 days a week).
  • Due: December 26, 2019
  • ISBN 978-3-030-26588-5
  • Free shipping for individuals worldwide
About this book

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.

About the authors

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.

Reviews

“Breaking new ground regarding the justification of secession, this book provides a novel and nuanced middle ground between two extremes: remedial right only theories which make serious injustices a necessary condition for justified secession and fail to take the value of self-determination seriously enough; and primary right theories that are so permissive in justifying secession as to create unacceptable incentives for strategic behavior and unacceptable risks of instability.” (Allen Buchanan, University of Arizona, USA) 

“This book builds upon a strong hinterland in political and constitutional theory to offer a thorough and deeply insightful review of the law of secession, spanning both international law and the constitutional law of a number of jurisdictions. It offers acute and detailed analysis of many of the practical difficulties that surround the constitutionalisation of the right to secede, while applying moral philosophical precepts with considerable subtlety in helping to inform and critique existing institutional arrangements. In combining political theory and law in such a capacious way the author offers perhaps the most comprehensive and sophisticated account of the law and practice of secession to date.” (Stephen Tierney, University of Edinburgh, UK) 

“In this book, Pau Bossacoma offers a new theory of secession. He challenges the prevailing views on this matter, which, he contends, fail to satisfy basic moral principles widely shared in liberal democracies. He makes a convincing case for the constitutionalization of certain rules and principles regarding secession. His defence of a qualified right of secession combines political philosophy and institutional design in an original and persuasive way. Anyone interested in this topic must certainly read this timely book.” (Víctor Ferreres Comella, Pompeu Fabra University, Spain, and University of Texas at Austin, USA)



Buy this book

eBook $64.99
price for USA in USD (gross)
  • The eBook version of this title will be available soon
  • Due: January 23, 2020
  • ISBN 978-3-030-26589-2
  • Digitally watermarked, DRM-free
  • Included format:
  • ebooks can be used on all reading devices
Hardcover $119.99
price for USA in USD
  • Customers within the U.S. and Canada please contact Customer Service at +1-800-777-4643, Latin America please contact us at +1-212-460-1500 (24 hours a day, 7 days a week).
  • Due: December 26, 2019
  • ISBN 978-3-030-26588-5
  • Free shipping for individuals worldwide
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Bibliographic Information

Bibliographic Information
Book Title
Morality and Legality of Secession
Book Subtitle
A Theory of National Self-Determination
Authors
Series Title
Federalism and Internal Conflicts
Copyright
2020
Publisher
Palgrave Macmillan
Copyright Holder
The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG
eBook ISBN
978-3-030-26589-2
DOI
10.1007/978-3-030-26589-2
Hardcover ISBN
978-3-030-26588-5
Edition Number
1
Number of Pages
XXII, 386
Number of Illustrations
2 b/w illustrations
Topics