Secessione, autodeterminazione e pluralismo: il ruolo delle corti costituzionali di fronte alle istanze separatiste

Secession, self-determination and pluralism: the role of constitutional courts vis-à-vis separatist claims

Abstract

Secession, self-determination and pluralism: the role of constitutional courts vis-à-vis separatist claims - The impact of separatist claims on the political and institutional framework of states, whether unitary or composite, is an old issue that continues to fuel debates in recent years. The controversy over the admissibility of a right to secession continues to spark divergent perspectives among constitutional scholars and internationalists. The Canadian Supreme Court’s landmark reference on Quebec secession of 1998 demonstrated how courts can play a central role in dealing with autonomy and separatist claims. The decision formalised secession as a matter of constitutional law, deterring potential disruption of the fundamental components of the state. The Canadian approach to the management of separatist conflicts embodies a different theoretical perspective from older theories on the role of the courts in conflict resolution. The aim of this paper is to examine the role of constitutional courts in preventing and resolving conflicts triggered by separatist claims in the European context, taking into account cases from Italy, Spain, Germany and France.

Keywords: Constitutional justice; Pluralism; Secession; Self-determination.