CEU Electronic Theses and Dissertations, 2022
| Author | Logan Trombley |
|---|---|
| Title | Constitutional Right to Self-Determination Federative Processes: How States Operationalize the Internal Right to Self-Determination |
| Summary | Since the 1970s, Spain, Iraq, the United States, Canada, and Ethiopia have each effectively created a new constitutional right that operationalizes the internal right to self-determination within their constitutional system using a constructivist approach, which this article shall refer to as a constitutional right to self-determination. This new constitutional right confers on certain peoples with common identity markers the right to use a federative process to construct their own new sub-state with self-rule powers. A constitutional right to self-determination federative process is materially different from integrative and devolutionary federative processes because it uses a bottom-up legal process to create a new ethnically distinct sub-state. This article will compare and contrast within these constitutional systems how these federative processes determines: (a) who are the new sub-state’s people, (b) what is new the sub-state’s jurisdiction, (c) which powers will the new sub-state have, and (d) how is the new sub-state created. By these means, constitutional right to self-determination federative processes can be broadly conceptualized, contextualized, and eventually be made translatable to a diverse range of states. |
| Supervisor | Dr. Markus Böckenförde |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2022/trombley_logan.pdf |
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