October 2022
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Starting from a general common point such as the lack of formal recognition of the right to self-determination in comparative constitutionalism, this study shows the disparity of legal criteria existing in relation to the possibility of constitutionalising this right a posteriori.Specifically, and in addition to the particularities of systems governed by the principle of parliamentary supremacy, we will see that, in some states, the legal viability of secession is subject to prior constitutional reform. On the other hand, other legal systems are categorical in rejecting even this option. Moreover, unilateral secession is always contrary to the law.KeywordsConstitutionRight to self-determinationConstitutional reformSecession clause