The Canadian Contribution to a Comparative Law of Secession: Legacies of the Quebec Secession Reference

ISBN-13: 9783030034689 / Angielski / Twarda / 2018 / 286 str.

Giuseppe Martinico; Giacomo Delledonne

Recenzje

"This valuable contribution by Giacomo Delledonne and Giuseppe Martinico convincingly demonstrates that the legacies of the Reference reverberate across the globe." (Yonatan T. Fessha, International Journal of Constitutional Law, Vol. 18, 2020)
"This book offers a thorough and kaleidoscopic perspective on the major legal and political issues regarding secession in contemporary academic discussion. The essays compiled in this book can be seen as a state-of-the-art summary of the current debate on the problem of secession and as an excellent primer for those interested in studying this fascinating and puzzling issue." (João Diogo, Regional & Federal Studies, August 07, 2019)

Spis treści

Table of Contents

Foreword
Richard Albert

Introduction: The Legacy of the Quebec Reference Re Secession
Giacomo Delledonne and Giuseppe Martinico

The Legacy of the Quebec Secession Reference Ruling in Canada and Internationally
Errol P. Mendes

The Law and Politics of Secession: From the Political Contingency of Secession to a “Right to Decide”? Can Lessons Be Learned from the Quebec Case?
Jean-FrançOis Gaudreault-Desbiens

The Reception in Spain of the Reference of the Supreme Court of Canada on the Secession of Quebec  
Josep Maria Castellà Andreu

The Reference Re Secession of Quebec, the Kosovo Advisory Opinion and the Questions They Leave Open. the Right to Decide, the Principle of Stability, and the Duty to Negotiate
Luigi Crema

Metaconstitutionalising Secession: The Reference and Scotland (In Europe)
Alastair Maciver

Constitutional Migrations in the Commonwealth:  the Quebec Secession Reference and Sri Lankan Constitutional Discourse
Asanga Welikala

The Reference and Ethiopian Constitutionalism
Erika Arban

Secessionist Impulses and the Italian Legal System: The (Non)Influence of the Reference of Secession Giacomo Delledonne and Matteo Monti

Secession Reference and Its Intellectual Legacy: Skeptical Notes from the European Peripheries
Zoran Oklopcic

A Political Theory Perspective on the Reference
Roberto Castaldi

“A Message of Hope”. a Legal Perspective on the Reference
Giuseppe Martinico

Towards a Comparative Constitutional Law of Secession?
Francesco Palermo

O autorze

Giacomo Delledonne is a Postdoctoral Researcher in Comparative Constitutional Law at the Sant’Anna School of

Advanced Studies in Pisa, Italy.

Giuseppe Martinico is an Associate Professor of Comparative Public law at the Sant’Anna School of Advanced

Studies in Pisa, Italy. His research interests cover both comparative and European law, fields in which he has published

extensively, including two monographs in English.

Blurb

This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20th

anniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens with

two Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one of

the most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss the

impact 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 lawyer

and one by a political scientist, explore the democratic theory behind that reference.