Reference re secession of quebec pdf

The quebec government chose not to participate in the decision, so andre jolicoeur was assigned as an amicus curiae by the court. Reference re secession of quebec case brief for law. A summary and case brief of reference re secession of quebec, 37 i. Pdf in 1998, the supreme court of canada delivered its now world famous decision concerning certain questions relating to the secession of quebec from. The quebec secession reference and the poverty of theory in canadian constitutional discourse from the moment that it was handed down, the judgment of the supreme court of canada in the quebec secession reference produced a torrent of. On 20 august 1998 the supreme court of canada, in reference re. Reference re secession of quebec, 1998 2 scr 217 is a landmark judgment of the supreme court of canada regarding the legality, under both canadian. Faced with the question of whether quebec could make a unilateral declaration of independence, the supreme court declared unanimously in this reference 1998 that such a declaration would be unconstitutional both by canadian constitutional law and international law. Following the close referendum result in the 1995 referendum, government of canada initiated a reference to the supreme court to question the legal issues surrounding unilateral secession.

Arguments in support of the existence of such a right were primarily based on the principle of democracy. Constitutional theory and the quebec secession reference sujit choudhry and robert howse 1. In the matter of section 53 of the supreme court act, r. Democracy, however, means more than simple majority rule. Reference re secession of quebec case brief for law students. Reference re secession of quebec the canadian encyclopedia. In reference re secession of quebec from canada,4 the supreme court of canada appears to have delivered the federal and provincial governments another.

Rayfuse, rosemary reference re secession of quebec from. Under the constitution of canada, can the national 1. Reference re secession of quebec case brief wiki fandom. First it revisits the domestic legal framework applicable to a provincial secession attempt since the seminal 1998 opinion of the supreme court of canada in reference re secession of quebec, which. The supreme court of canada august 20, 1998 click here for full text. Reference re secession of quebec, 1998 2 scr 217 is a landmark judgment of the supreme court of canada regarding the legality, under both canadian and international law, of a unilateral secession of quebec from canada both the quebec government and the canadian government stated they were pleased with the supreme courts opinion, pointing to different sections of the ruling.

Secession reference, handed down its decision on the canadian governments reference to the court concerning the legality of a future unilateral secession by the province of quebec from canada. Constitutional theory and the quebec secession reference. The right to decide, the principle of stability, and the. Right to selfdetermination in in re secession of quebec. S26 and in the matter of a reference by the governor in council concerning certain questions relating to the secession of quebec from canada, as set out in order in council p. Reference re secession of quebec case brief quimbee. Reference re secession of quebec case brief rule of law. The court in this reference is required to consider whether quebec has a right to unilateral secession.

The right of a people to selfdetermination cannot be said to ground a right to unilateral secession. Secession reference, handed down its decision on the. Pdf legality, legitimacy, decisionism and federalism. Pdf the reference re secession of quebec, the kosovo advisory. The reference re secession of quebec, the kosovo advisory opinion and the questions they leave open. Constitutional jurisprudence shows that democracy exists in the larger context. In reference re secession of quebec, nobody is accused of anything, nor is anyone being defended or taking its own defense. Under international law, is there a right to selfdetermination that would give the national assembly, l. Canlii connects was created to make it faster and easier for legal professionals and the public to access highquality legal commentary on canadian court decisions. The case of quebec by peter radan 69 on 20 august 1998 the supreme court of canada, in reference re. In the matter of a reference by the governor in council concerning certain ques tions relating to the secession of quebec from canada, as set out in order in. Constitutional law secession of province unilateral secession whether quebec can secede unilaterally from canada under constitution.