Secession and Self-Determination
THE OXFORD HANDBOOK OF COMPARATIVE CONSTITITIONAL LAW, pp.1057, Michel Rosenfeld, Andras Sajo, eds., Oxford: Oxford University Press, 2012
20 Pages Posted: 3 Sep 2012
Date Written: September 2, 2012
This chapter proceeds in three steps. I first briefly outline the principal theories that justify secession. Next, I analyze the evolution of secession in international law and in international practice, as a corollary of the right of all peoples to self-determination. Finally, in the last Section, I turn to the relationship between secession and constitutionalism and ask whether the constitutionalization of the right to secede can, in particular context, be regarded as a constructive response to secessionist challenges and what its implications are for constitutional law.
Keywords: secession, self-determination, minority, collective rights, constitutional law, international law
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