Statement ... on the Supreme Court of Canada's Ruling in the Reference on a Unilateral Secession PDF Download
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Author: Jean Chrétien
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Jean Chrétien
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Giacomo Delledonne
Publisher: Springer
ISBN: 3030034690
Category : Political Science
Languages : en
Pages : 295
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This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact 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 lawyerand one by a political scientist, explore the democratic theory behind that reference.
Author: Frédéric Bérard
Publisher:
ISBN: 9780433492375
Category :
Languages : en
Pages :
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Author: Anne Bayefsky
Publisher: BRILL
ISBN: 9004505822
Category : Law
Languages : en
Pages : 522
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The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?
Author: Richard S. Kay
Publisher:
ISBN:
Category :
Languages : en
Pages : 21
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When the Supreme Court of Canada issued its judgment on the legality of quot;unilateralquot; Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a quot;victory for all Canadians.quot; The court also held, however, that upon a sufficient expression of popular sentiment for separation in Quebec the government of the province had a quot;right . . . to pursue secession.quot; In that case the federal government and other provinces were obliged to enter into honest negotiations to attempt to satisfy the desire for secession. Thus Premier Bouchard, on the same day, confidently announced that the Court had quot;shake[n] the very foundations of federalist strategy.quot; No wonder one of the of the most common adjectives applied to the decision was quot;solomonic.quot; My purpose in this paper is to consider the best way to characterize what the Supreme Court did in the Secession Reference. The immediate importance of the Court's judgment has perhaps receded as the intensity of separatist sentiment in Quebec has diminished. But, in a country whose underlying constitutional premises continue to be unsettled, it remains a critical artifact in any attempt to forecast the constitutional future. More generally, it illustrates an unusual but not unique phenomenon - the intervention of courts of law in the resolution of disputes concerning the very presuppositions of the legal and political system of which they form a part.
Author: Canada. Prime Minister's Office
Publisher:
ISBN:
Category :
Languages : en
Pages : 7
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Author: Canada. Prime Minister
Publisher:
ISBN:
Category :
Languages : en
Pages : 3
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Author: André Nollkaemper
Publisher:
ISBN: 0198739745
Category : Law
Languages : en
Pages : 769
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Book Description
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author: Andrew Arato
Publisher: Oxford University Press
ISBN: 0198755988
Category : Law
Languages : en
Pages : 321
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Book Description
Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.
Author: Milena Sterio
Publisher: Edward Elgar Publishing
ISBN: 1785361228
Category : Law
Languages : en
Pages : 239
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Book Description
Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
