Constitutions as Risk Management Devices: The Case of Secession

Giuseppe Martinico

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 (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.


Keywords


Secession; Comparative; Constitutional Law; Constitutions; Fear;

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DOI: 10.6092/issn.1974-4935/7513

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ISSN 1974-4935
Governare la Paura University of Bologna
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