Constitutions as Risk Management Devices: The Case of Secession

Governare la Paura. Journal of Interdisciplinary Studies 2 (2017)
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Abstract

This short essay explores the importance of fear and violence in the genesis and life of constitutions, with a particular focus on the case of secession. Secession has been seen as a taboo and until recently constitutions tried to avoid mentioning it, considering such a phenomenon as an extra legal fact. A turning point has been represented by the famous Reference of the Canadian Supreme Court on Québec. Finally, in the last part of this work I shall try to present some arguments in favour of the explicit constitutionalization of a secession clause in multi-national federalisms.

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reprint Martinico, Giuseppe (2017) "Constitutions as Risk Management Devices: The Case of Secession". Governare la Paura 2():

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