right to secede
The right to secede is often claimed by separatists
? and rejected by federalists
? - the matter is problematic because few national
constitutions are written with an exit clause. A strong separatist movement has prompted two sovereignty referendums in
Quebec, and
western alienation has led to informal talk about separation in
Alberta. In 2000, the government of Canada passed the
Clarity Act, which made it the perogative of the
house of Commons whether a province could secede from Canada or not.
[+] six questions on the right to secede.
These six questions on the right to secede were posed by Daniel Weinstock
1) The abstract question :Is there a moral right for a group to secede from a larger political association, and if so, what are its grounds?
2) The agency question: Under what circumstances is it appropriate for a group to exercise the right in question?
3) The identity question: Which kinds of groups can avail themselves of the right to secede?
4) The internal legal question: Should a political association legally provide for the right to secede, and if so, what form should such a legal provision take?
5) The external legal question: Should the international law which governs the relations among sovereign states provide for the right to secede, and if so, what form should this recognition take?
6) The territorial question: Does a group which exercises its right to secede have a right to the territory it inhabits simply in virtue of its having decided to secede?
positions
sources and resources
On Some Advantages of Constitutionalizing the Right to Secede
-
Daniel Weinstock