1.
Self-rule vs. Shared Rule: The Design and Evolution of Federal Institutions in Colombia
(Kent Eaton/Essay)
(Kent Eaton/Essay)
... them by eliminating their representation in the Senate? I argue that the same democratizing forces that sought to strengthen territorial units via self-rule also had the effect of undermining shared rule ...
2.
The Iraqi Federation and the Kurdistan Regional Government: the conflict between communal and oil and gas policies
(Adriano Dirri/Essay)
(Adriano Dirri/Essay)
... reading within the federal territorial structure. In the last sections, it is argued that the interplay between oil and gas disputes and ethnic conflict are shaping the asymmetric Iraqi Federation, especially ...
3.
Reimagining Congress's Treaty-Implementing Authority: An Originalist Case for the Unexplored Middle Ground
(Robert A. Flatow/Essay)
(Robert A. Flatow/Essay)
This Article addresses Congress’s prerogative to implement non-self-executing treaties. In construing Congress’s Necessary and Proper Clause authority in this area, most commentators have argued that it ...
4.
Rising to the Populist Challenge: Social Security prescriptions for the Italian Welfare State
(Davide Orsitto/Essay)
(Davide Orsitto/Essay)
... leads this change with the Five Star – Lega Nord coalition government. The change in voting behavior urges a serious reflection on the social unease causing it. The prevailing view argues that the effects ...
5.
The commons: an innovative basis for transnational environmental law in the era of Anthropocene? The case of Latin America
(Domenico Giannino and Antonio Manzoni/Essay)
(Domenico Giannino and Antonio Manzoni/Essay)
... The following part (Par. 4) will deal with the question: what is the theoretical-legal basis for the innovative case-law set out earlier? We argue that this basis actually already exists, and it can ...
6.
The Contribution of COSAC to Joint Parliamentary Scrutiny in the EU: A Practitioner’s View
(Bruno A. Dias Pinheiro/Essay)
(Bruno A. Dias Pinheiro/Essay)
... if NPs are benefiting from COSAC or are they, on the contrary, lagging behind and lost amidst so many interparliamentary meetings? It is argued that COSAC occupies a key role in the multipolarised system ...
7.
A ‘second youth’ for the EU Speakers’ Conference? A critical appraisal of its ‘quasi-constitutional’ role
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... for other inter-parliamentary venues. It has also been argued that the coordinating function of the EU Speakers’ Conference can be much more effective when looking at its ‘quasi-constitutional’ role, and ...
8.
Inter-parliamentary Cooperation in the EU and outside the Union: Distinctive Features and Limits of the European Experience
(Elena Griglio and Nicola Lupo/Essay)
(Elena Griglio and Nicola Lupo/Essay)
... of vertical formats. The article argues that inter-parliamentary cooperation in the EU is expected to act as a sui generis practice when compared to apparently similar forms of transnational dialogue amongst ...
9.
Bi-Ethnic Federalism and the Question of Sovereignty: Understanding the Competitive Security Postures in Cyprus
(Pavlos I. Koktsidis/Essay)
(Pavlos I. Koktsidis/Essay)
... in ways that increase their own sense of security. The present study argues that legal and political positions on sovereignty in Cyprus are largely built around the competitive security assumptions held ...
10.
History of a (Limited) Success: Five Points on the Representativeness of the Committee of the Regions
(Giuseppe Martinico/Essay)
(Giuseppe Martinico/Essay)
This article briefly explores the reasons why the Committee of the Regions (CoR) has only partially accomplished its representative function. It is divided into three parts. In the first part I argue that ...
11.
Franchises Lost and Gained: Post-Coloniality and the Development of Women’s Rights in Canada
(Charlotte Helen Skeet/Essay)
(Charlotte Helen Skeet/Essay)
... of the pre-confederation history of suffrage in Canada to both refute a simplistic linear view of women’s rights development and to argue for recognition of the Indigenous contribution to the history of ...
12.
The Canadian Living Tree Doctrine as a Comparative Model of Evolutionary Constitutional Interpretation
(Leonardo Pierdominici/Essay)
(Leonardo Pierdominici/Essay)
... the well-known Canadian Living tree doctrine as a model of evolutionary constitutional interpretation, and argues that it is a relevant case study for our purposes since it is able to precisely link the ...
... in the EU. It argues that the EU’s constitutional framework is not sufficiently responsive to changing material conditions or to the changing preferences of Europeans. Thus, EU constitutionalism needs ...
14.
Reflections on the ‘Administrative, Not Constitutional’ Character of EU Law in Times of Crisis
(Peter L. Lindseth/Essay)
(Peter L. Lindseth/Essay)
As is broadly recognized, the realm of administrative power greatly expanded over the course the twentieth century (particularly after 1945). This essay argues that this expansion, along with differential ...
15.
Conflicts by Convergence and Deep Disagreements in European Constitutional Law
(Orlando Scarcello/Essay)
(Orlando Scarcello/Essay)
... convergence” and on attempts to conceptualise these issues by means of the concept of “complex antinomy”. It will be argued that this analysis needs some refinement and the concept of “levels of disagreements” ...
16.
Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court
(Antonia Baraggia and Maria Elena Gennusa/Essay)
(Antonia Baraggia and Maria Elena Gennusa/Essay)
... levels of protection of rights, and led us to argue that the development of a multilevel protection of rights is also, at least partially, a tale of Courts, each competing to have the last word on human ...
17.
The Establishment of Metropolitan Cities in Italy: An Advance or a Setback for Italian Regionalism?
(Giovanni Boggero/Essay)
(Giovanni Boggero/Essay)
... (3). The conclusion will argue that, while the enactment of local government reforms combined with the entering into force of a significant constitutional amendment will increasingly diminish the role ...
18.
National parliaments fighting back? Institutional engineering as a successful means to become active actors in EU affairs
(Diane Fromage/Essay)
(Diane Fromage/Essay)
... the role other institutions, such as constitutional courts, have played in this field. It is argued that while these arrangements may have been successful in allowing national parliaments to play a greater ...
19.
Monetary and Fiscal Arrangements for the Eurozone. Some Unconventional Proposals
(Fabio Masini/Essay)
(Fabio Masini/Essay)
Contributions in this special issue argue make a number of points with regard to the urgent need to change the economic governance of the Eurozone, pointing at some tools to increase its spending capacity. ...
20.
Some considerations on the relationship between economic and social cohesion and implementation of the cohesion policy
(Małgorzata Dziembała/Essay)
(Małgorzata Dziembała/Essay)
... we will argue that there is no conflictual relationship between economic and social cohesion; that both dimensions are self-reinforcing, and economic cohesion presupposes social cohesion. The paper also ...