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.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction : the legacy of the Reference re Secession of Quebec / 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 secession reference / Giacomo Delledonne and Matteo Monti Secession reference and its intellectual legacy : sceptical 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.
KZ4041 .C363 2019
Basingstoke, Hampshire : Palgrave Macmillan, 2019.