Constitutions as Risk Management Devices: The Case of Secession
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 (Mancini) and until recently constitutions tried to avoid mentioning it, considering such a phenomenon as an ex...
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| Format: | Article |
| Language: | English |
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University of Bologna
2017-11-01
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| Series: | Governare la paura |
| Online Access: | https://governarelapaura.unibo.it/article/view/7513 |
| Summary: | 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 (Mancini) 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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| ISSN: | 1974-4935 |