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  • © 2019

The Canadian Contribution to a Comparative Law of Secession

Legacies of the Quebec Secession Reference

Palgrave Macmillan

Editors:

(view affiliations)
  • First collection of essays to address the importance of the Quebec Secession Reference as a turning point in Canadian law of secession

  • Brings together both Canadian and non-Canadian scholars for an international/comparative study of the Canadian influence on laws of secession

  • Appeals to scholars and students of comparative politics, federalism, and public law

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  • ISBN: 978-3-030-03469-6
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Table of contents (13 chapters)

  1. Front Matter

    Pages i-xv
  2. Introduction: The Legacy of the Reference Re Secession of Quebec

    • Giacomo Delledonne, Giuseppe Martinico
    Pages 1-8
  3. A Political Theory Perspective on the Reference

    • Roberto Castaldi
    Pages 231-247
  4. Back Matter

    Pages 283-286

About this book

This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20th
anniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens with
two Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one of
the most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss the
impact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,
Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyer
and one by a political scientist, explore the democratic theory behind that reference.

Keywords

  • Federalism
  • secession
  • Comparative Public Law
  • Quebec Politics
  • Canadian Law
  • Canadian Politics
  • Canadian Reference
  • Courts
  • secessionist movements
  • Constitution
  • Canadian legal system
  • Supreme Court

Reviews

“This valuable contribution by Giacomo Delledonne and Giuseppe Martinico convincingly demonstrates that the legacies of the Reference reverberate across the globe.” (Yonatan T. Fessha, International Journal of Constitutional Law, Vol. 18, 2020)

“This book offers a thorough and kaleidoscopic perspective on the major legal and political issues regarding secession in contemporary academic discussion. The essays compiled in this book can be seen as a state-of-the-art summary of the current debate on the problem of secession and as an excellent primer for those interested in studying this fascinating and puzzling issue.” (João Diogo, Regional & Federal Studies, August 07, 2019)
“In exploring the legacy of the Quebec Secession Reference , this interesting collection revisits one of the existential moments in which a Supreme Court had to rule on the normative nature of a federation. The various perspectives brought to this question offer fascinating answers far beyond the Canadian experience.” (Robert Schütze, Professor of European Union Law, Durham University, USA)

“A wonderful, timely celebration of a watershed judicial decision: anyone who cares about secession must read this outstanding collection.” (Carlos Closa, Professor of Political Science, European University Institute, Italy)

Editors and Affiliations

  • Comparative Public Law, Sant'Anna School of Advanced Studies, Pisa, Italy

    Giacomo Delledonne, Giuseppe Martinico

About the editors

Giacomo Delledonne is a Postdoctoral Researcher in Comparative Constitutional Law at the Sant’Anna School of
Advanced Studies in Pisa, Italy.

Giuseppe Martinico is an Associate Professor of Comparative Public law at the Sant’Anna School of Advanced
Studies in Pisa, Italy. His research interests cover both comparative and European law, fields in which he has published
extensively, including two monographs in English.

Bibliographic Information

Buying options

eBook
USD 119.00
Price excludes VAT (USA)
  • ISBN: 978-3-030-03469-6
  • Instant PDF download
  • Readable on all devices
  • Own it forever
  • Exclusive offer for individuals only
  • Tax calculation will be finalised during checkout
Hardcover Book
USD 159.99
Price excludes VAT (USA)