Towards a Comparative Constitutional Law of Secession?
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The chapter argues that a significant amount of law has been developed over the past twenty years in order to constitutionalize secession. The legacy of the Canadian Quebec Secession Reference has been remarkable and has permeated, implicitly or explicitly, several legal systems, especially through their courts. However, the legal regulation of secessionist claims has so far been focusing almost exclusively on referendums, often not assisted by additional safeguards against plebiscitary (ab)use. At the same time, the legal regulation of political phenomena, which is the typical trend of constitutionalism, is clearly emerging with regard to secession too, and several instruments are being or can be employed to achieve a more effective, legally guaranteed and democratic comparative constitutional law of secession. Albeit sometimes unaware, these instruments are being developed. In its final session, the paper presents and discusses them.
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