Claims for Secession and Federalism (eBook)

Albero López-Basaguren is Professor of Constitutional Law at the University of the Basque CountryLeire Escajedo San-Epifanio is Professor of Constitutional Law at the University of the Basque Country

Part I Claims for Secession in Western Democracies. A Comparative Overview.-Secession and Federalism in the United States: Tools for Managing Regional Conflict in a Pluralist Society.-Legality, Legitimacy, Decisionism and Federalism: An Analysis of the Supreme Court of Canada’s Reasoning in Reference re Secession of Quebec,1998.-Competing Claims for Federalism in Complex Political Settings. A Canadian Exploration.- Is the Québec Secession Movement Dead? Perspectives After Canada’s 2015 Federal Election.- Provincial Integration Through the Senate: Trudeau’s (Not Quite) New Era.- ‘Scotland in the United Kingdom: An Enduring Settlement’?.- The Future of the United Kingdom’s Territorial Constitution: Can the Union Survive?.- Fiscal Federalism and Fiscal Responsibility: The Case of Scotland.- The Scottish Independence Referendum: Lessons Learned for the Future.- The End of Belgium As We Know It: From Consociational Democracy to Partitocratic Deadlock?.- Secessionist Claims in a Federal System: The Belgian Case.- The Relations Between Denmark, Greenland and the Faroe Islands. A Model with Future to Challenge Secessionism?.- The Italian Regional State: A Counter-Reformation After the Failure of the 2001 Constitutional Reform?.- Part II Referendums and Constitutional Clauses on Secession.-Constitutionalizing Secession in Order to Harmonize Constitutionality and Democracy in Territorial Decentralized States Like Spain.- Territorial Referendums from a Constitutionalist Perspective:Functions, Justifications and Legal Design.-The Sovereign State and the Right to Secede. Historical Examples and Theoretical Reasons Concerning the Benefits of Political Regulation.-Federative Tools: A New Perspective for Secession.-Reasons for and Limits of the Referendum as a Mechanism to Declare the Secession of Part of a State.- The Myth of Ontological Foundations and the Secession Clause as Federal Answers to National Claims of External Self-Determination.- Part III Claims for Secession and Federalism in Spain.-Claims for Secession in Catalonia. Rule of Law, Democratic Principle and Federal Alternative.-Secession and Federalism. The Spanish Case.-Constitution and Referendum on Secession in Catalonia.-Federalism and Democratic Quality: The Contribution of Territorial Pluralism to Constitutional Democracy.-Political Pluralism and Independence in Catalonia: Lessons Learned from Federalism.-Federal Reform of Spain vs Secession in Catalonia. Could Constitutional Reform Provide a Response to the Demands Upon Which the Justification for Secession Are Based?.-Which Federalism for Spain?.-Constitutional Reform Within the Context of the Debate on the Independence of Catalonia.-The Constitutional Answer to the Crisis of the Model of Territorial Organization.-Constitutional Reform and Federalism in Spain. A Modest Proposal.-Constitutional Reform and Global Market Federalism.-Territorial Secession and Federal Loyalty in the 1978 Spanish Constitution.-State Integration and Disintegration Within the European Union. Regarding the Purported Secession of Catalonia and Its Hypothetical Membership of the EU.-The Catalan Independence Movement in the Political and Constitutional Debate in the European Union.