The Issue of Separation in a Democracy
Tuesday, January 22, 2002
Cass R. Sunstein, Designing Democracy: What Constitutions Do, Oxford University Press, New York (2001)
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SEPARATISM is something that destroys the bone marrow of constitutionalism. The right to secede from a unified nation does not form a right of a democratic constitution, even if secession is often firmly grounded in moral reasoning. In other words, a moral right is not always commensurate with constitutionalism—a system that empowers mankind to organize themselves in a collective body.
What needs to be engaged, according to Sunstein, is a
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