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Borderlines in Private Law

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Constitutional Crises and Regionalism


ISBN13: 9781839107092
Published: August 2023
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00



Despatched in 4 to 6 days.

This insightful book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law.

Adopting a pragmatic view of regional identity as constantly changing and creating a mistrust of rule by ‘others’, Breda explores a wide range of case studies, including Hong Kong, Northern Ireland and Quebec, where nationalism and political violence have led to state actions becoming discredited. Particular attention is paid to those concerned with the lingering effects of a colonial past in China. The book demonstrates that constitutional law projects visions of what a society is and wants to be, and argues that less hegemonic perspectives increase the likelihood of cooperation, leading to better outcomes for all citizens.

The book will be an informative read for academics and students in comparative public law political scientists, and sociologists interested in nationalism and democracy. It will also aid policy-makers seeking to design stable, effective and inclusive constitutions.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction to Constitutional Crises and Regionalism
1. The UK and Northern Ireland: sectarianism and Brexit
2. Spain: Spanish legitimacy after the end of political violence in the Basque Country
3. Italy and Sicily: Mafia territorial sovereignty
4. North America: Quebec and Alaska
5. China and Hong Kong: an a-constitutional crisis
6. France: the end of New Caledonia’s sui generis status
7. Australia and the Northern Territory: an unfortunate intervention
8. Papua New Guinea and Bougainville: civil war and a new sovereign state
Conclusion to Constitutional Crises and Regionalism

Bibliography
Index