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Skoutaris, Nikos 
ORCID: https://orcid.org/0000-0002-5998-7319
(2024)
Mind the gap between federalism and secession: The relationship between two (in)compatible concepts.
Perspectives on Federalism, 16 (1).
pp. 211-236.
ISSN 2036-5438
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Abstract
Scholars have often either framed federalism as an alternative to secession (Buchanan 1995) or suggested that secession is incompatible with the federal principle (Jellinek 1905). As Jellinek (ibid: 768) put it, ‘political suicide is not a legal category.’ And yet secession within today's globalised world can be also seen as just ‘another form of subsidiarity – a claim about the right level for governance within a complex, multi-layered system that extends from the personal through the local, regional, state, transnational and international.’ (Waters 2020:227). Taking the cue from that, the paper provides for a nuanced account of the relationship between the two concepts by developing its argument in three steps. First, it defines the two concepts and highlights that secession may occur at various tiers within a federal system. Second, it reviews how federal constitutional orders deal with secession in the different levels. Third, although it accepts that constitutional orders are markedly more reluctant to recognise a right to external secession, it puts forward an understanding of federalism that may accommodate it.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | comparative constitutional law,external secession,federalism,internal secession,withdrawal,law,political science and international relations,sociology and political science,sdg 3 - good health and well-being,3* ,/dk/atira/pure/subjectarea/asjc/3300/3308 |
| Faculty \ School: | Faculty of Social Sciences > School of Law |
| UEA Research Groups: | Faculty of Social Sciences > Research Groups > International Law |
| Related URLs: | |
| Depositing User: | LivePure Connector |
| Date Deposited: | 01 Aug 2024 09:30 |
| Last Modified: | 27 Aug 2024 09:30 |
| URI: | https://ueaeprints.uea.ac.uk/id/eprint/96102 |
| DOI: |
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