Hacker News new | ask | show | jobs
by dmaldona 2430 days ago
In order to have a healthy democracy we first need the rule of the law.

Constitutions are made to define the foundations of those laws and protect citizen minorities against majority abuses: what if 80% of the population of a region decides to expel the other 20% because of whatever reasons?

The fact that the state tries to preserve the integrity of the country is necessary to keep the rule of the law. For if it just renounces to a region, its power to enforce its law is lost in such region.

Now let's assume a particular region decides to secede. That region's people, industry and such is the product of a historical process: there has been some migration, investments in the region and outside the region, etc... Thus, in case of secession under what law its decided how that secession is done? Who has legitimacy to define the rules of the law?

2 comments

It's not entirely sensible to talk about "rule of law" when it comes to secession. Most countries exist in violation of some earlier set of laws. They were part of some nation and broke away, or they replaced their own government with another form through revolt.
I think you meant "secession". A really small minority is actually revolting, thankfully. Lots of pro-independence people are protesting peacefully. There's also the other side that don't want to hear anything about seceding that are just looking at these events unfold pretty worried.
Yes, thanks. My brain refuses to see typos and I just read back what I intended to write.
In order to have a healthy democracy, we first need legitimacy. In other words, those who are part of the entity need to consider it to have authority.

Nobody should be surprised if an entity you can not leave if the majority oversteps their perceived bounds ceases to have legitimacy in the eyes of those who are forcibly prevented from leaving.

By all means seek to ensure all interests are taken into account, but you don't do that by holding people against their will.

[My favorite discussion on the topic of democratic legitimacy is Robert A Dahl's "After the Revolution? Authority in a good society" (Yale University Press) that goes through this issue in a very approachable way]