Morality and Legality of Secession, 1st ed. 2020 A Theory of National Self-Determination Federalism and Internal Conflicts Series

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.

1. SECESSION IN POLITICAL PHILOSOPHY.- 1.1. The concept of secession.- 1.2. A contract theory of secession.- 1.3. The principle of nationality.- 1.4. Complementary causes to legitimize secession.- 2. SECESSION IN INTERNATIONAL LAW.- 2.1. Self-determination of peoples.- 2.2. Unilateral declarations of independence under international law.- 2.3. Effectiveness and international recognition.- 3. SECESSION IN CONSTITUTIONAL LAW.- 3.1. Constitutional right to secede and constitutional reform.- 3.2. The principle of democracy and secession.- 3.3. Representative democracy and secession.- 3.4. Referendum democracy and secession.- 3.5. Consensual secession.- 3.6. Internal self-determination.- 3.7. Unilateral secession.- Epilogue.- Bibliography.

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.