Right to a Referendum, or Duty to Deliberate? Rethinking Normative Entitlements to Secession

When should groups within a state be owed a process, such as a referendum, that can enable their secession or greater internal autonomy? Much of the prior normative literature has overlooked the constitutional theory context of this question. Autonomy movements raise a “constitutional legitimacy crisis” in which the core question is what a constitution’s normative foundations are or should be. Firm answers remain elusive. The parties tend to make selective and circular (“normative bootstrapping”) claims, which are neither sound nor practically persuasive to the other parties to a dispute. Thus this article, firstly, relies on the constitutional legitimacy crisis lens to explain why disputes over autonomy movements are largely intractable under existing approaches; and, secondly, identifies a promising species of solution to the problem. Departing from both “primary right” and “remedial right only” theories, the article endorses a duty to deliberate. This duty relies on deliberative democratic procedures (e.g., “mini-publics,” “deliberative referendums,” and “deliberative negotiation”), applied to autonomy movements’ various phases, to decide how and whether autonomy movements should progress. Such an approach may offer a sounder and more practically effective approach to resolving autonomy-related constitutional legitimacy crises.

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Publication Details

Journal
Politics and Governance
Published
2024-12-26
DOI
https://doi.org/10.17645/pag.9018
Citations
1
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
4.07
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article

Right to a Referendum, or Duty to Deliberate? Rethinking Normative Entitlements to Secession

Roni Levy
1 citations
Politics and Governance
Judicial and Constitutional Studies
4.07
article

Right to a Referendum, or Duty to Deliberate? Rethinking Normative Entitlements to Secession

Roni Levy
article en
1 citations

Abstract

When should groups within a state be owed a process, such as a referendum, that can enable their secession or greater internal autonomy? Much of the prior normative literature has overlooked the constitutional theory context of this question. Autonomy movements raise a “constitutional legitimacy crisis” in which the core question is what a constitution’s normative foundations are or should be. Firm answers remain elusive. The parties tend to make selective and circular (“normative bootstrapping”) claims, which are neither sound nor practically persuasive to the other parties to a dispute. Thus this article, firstly, relies on the constitutional legitimacy crisis lens to explain why disputes over autonomy movements are largely intractable under existing approaches; and, secondly, identifies a promising species of solution to the problem. Departing from both “primary right” and “remedial right only” theories, the article endorses a duty to deliberate. This duty relies on deliberative democratic procedures (e.g., “mini-publics,” “deliberative referendums,” and “deliberative negotiation”), applied to autonomy movements’ various phases, to decide how and whether autonomy movements should progress. Such an approach may offer a sounder and more practically effective approach to resolving autonomy-related constitutional legitimacy crises.

Politics and GovernanceVol. 13
Australian National University (AU)
Peace, Justice and strong institutions
Openalex Percentile: Top 6%
Judicial and Constitutional Studies
4.07
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Right to a Referendum, or Duty to Deliberate? Rethinking Normative Entitlements to Secession — Roni Levy · Politics and Governance (2024) | TGRS Research Map | TGRS