Seceding The Canadian Way
Bibliographic Data
| ID | 10933799 |
|---|---|
| Authors | Hilliard Aronovitch (University of Ottawa, corresponding author) |
| Year | 2006 |
| Volume | 36 |
| Issue | 4 |
| Pages | 541-564 |
| Publication date | 2006-07-21 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Publius The Journal of Federalism (JOURNAL) |
| Journal identifiers | ISSN: 0048-5950 • E-ISSN: 1747-7107 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/publius/pjl007 |
| OpenAlex | W1992593401 |
| Language | EN |
| Citations received | 3 |
| References cited | 7 |
The Canadian Supreme Court's 1998 decision on whether Quebec has a right to secede was initially lauded for granting both the federal government and secessionists their due. The Court found there to be an implicit Constitutional right for Quebec to secede, but by negotiation of the terms, not one-sided action. It thus deemed secession both a legal and a political phenomenon. This paper critically reassesses the decision in light especially of recent discussions about constitutionalizing secession. It argues that while a right to “nonunilateral” secession is warranted on general moral-political grounds, it should not be encoded or interpreted as a constitutional right, nor should it be called upon except to avoid systematic injustice.
Injustice · Law and economics · Negotiation · Political science · Politics · Secession · Self-determination · Sociology · Supreme court · American Constitutional Law and Politics · Law · Political Systems and Governance · Post-Soviet Geopolitical Dynamics
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,25 |
| Citation span | 2014 - 2022 (9) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |