Resumen del libro

Secession has had a great historical importance and remains a major issue in the national and international political arena today. Secession and territorial disputes have historically been solved by force. In fact, in many recent examples force has been used to achieve independence or to preserve the territorial integrity of a state. Finding a legal solution to secession is still an open question and a particularly difficult task, which this research aims to shed some light on though.  

INTRODUCTION       

PART I. THE INTERNATIONAL AND COMPARATIVE CONTEXT

CHAPTER I. THE RIGHT TO SELF-DETERMINATION OF PEOPLES UNDER INTERNATIONAL LAW        

INTRODUCTION      

1. THE PRINCIPLE OF NATIONALITIES AND THE NATION-STATE. THE EQUIVALENCE BETWEEN POLITICAL AND CULTURAL COMMUNITY      

2. FROM THE PRINCIPLE OF NATIONALITIES TO THE PRINCIPLE OF SELF-DETERMINATION OF PEOPLES: THE FOURTEEN POINTS OF WILSON AND THE TREATY OF VERSAILLES      

3. THE PRINCIPLE OF SELF-DETERMINATION OF PEOPLES WITHIN THE UNITED NATIONS AFTER WORLD WAR II. THE POSITIVATION OF THE RIGHT TO SELF-DETERMINATION      

4. SECESSION-REMEDY EPISODES. THE LAST STAGE IN THE EVOLUTION OF THE RIGHT TO SELF-DETERMINATION      

5. THE TWOFOLD NATURE OF THE RIGHT TO SELF-DETERMINATION OF PEOPLES      

CHAPTER II. THE RIGHT TO SECEDE IN COMPARATIVE CONSTITUTIONAL LAW       

1. THE PHENOMENON OF SECESSION AND ITS LEGAL ACKNOWLEDGEMENT       

2. THE TWO HISTORICAL MODELS OF ACKNOWLEDGEMENT OF A RIGHT TO SECEDE IN CASE OF AMBIGUITY IN THE CONSTITUTIONAL TEXT       

3. THE REGULATION OF A RIGHT TO SECEDE AND ITS CLASH WITH DEMOCRATIC CONSTITUTIONALISM AND THE RULE OF LAW       

4. THE CONSTITUTIONAL PATH FOR DEMOCRATIC SECESSION. THE COLLECTIVE DEMOCRATIC WILL       

PART II. SECESSION UNDER SPANISH CONSTITUTIONAL LAW

CHAPTER III. ATTEMPTS TO FIND A LEGAL CHANNEL FOR SECESSION       

1. THE ATTEMPTS BY THE LEHENDAKARI IBARRETXE       

2. EL PROCÈS        

CHAPTER IV. THE ACTUALITY OF THE CONSTITUTION. THE EXISTENCE OF LEGAL CHANNELS FOR SECESSION      

1. THE FEASIBILITY OF THE REMEDIAL-SECESSION IN SPAIN       

2. THE CONSTITUTIONAL SCHEME CHOICE ON DEMOCRATIC SECESSION. THE IMPLICIT PROHIBITION OF SECESSION       

3. THE RIGHT TO DECIDE. THE PROHIBITION OF CONSULTING ON SECESSION       

CHAPTER V. THE POTENTIALITY OF THE CONSTITUTION. PROSPECTS OF A LEGAL CHANNEL FOR SECESSION       

1. IS IT POSSIBLE TO RECOGNISE A RIGHT TO SECEDE UNDER SPANISH CONSTITUTIONAL LAW?      

2. WHEN IS IT ADVISABLE TO RECOGNISE A RIGHT TO SECEDE UNDER SPANISH CONSTITUTIONAL LAW?      

3. THE CONSTITUTIONAL PATH FOR DEMOCRATIC SECESSION UNDER SPANISH CONSTITUTIONAL LAW      

Citación Chicago
González Represa, Gaspar. Self determination and secession in Constitutional Democracies. A study of the Spanish case. 1ª ed. Valencia: Tirant Lo Blanch, 2023.

Citación APA
González Represa, Gaspar (2023). Self determination and secession in Constitutional Democracies. A study of the Spanish case. Tirant Lo Blanch.