| Abstract: | The Canadian Supreme Court's 1998 decision on whether Quebechas a right to secede was initially lauded for granting boththe federal government and secessionists their due. The Courtfound there to be an implicit Constitutional right for Quebecto secede, but by negotiation of the terms, not one-sided action.It thus deemed secession both a legal and a political phenomenon.This paper critically reassesses the decision in light especiallyof recent discussions about constitutionalizing secession. Itargues that while a right to "nonunilateral" secession is warrantedon general moral-political grounds, it should not be encodedor interpreted as a constitutional right, nor should it be calledupon except to avoid systematic injustice. |
