... Although these objections were aimed at an abstract political proposal this article shows that similar arguments are in fact made today by contemporary Eurosceptics against an existent political institution ...
2.
Reimagining Congress's Treaty-Implementing Authority: An Originalist Case for the Unexplored Middle Ground
(Robert A. Flatow/Essay)
(Robert A. Flatow/Essay)
... is either virtually plenary or virtually nugatory. I explore part of the vast middle ground. I assume as true Justice Scalia’s key argument in Bond v. United States, that implementing a treaty cannot be ...
3.
The Second-Generation Theory of Fiscal Federalism: A Critical Evaluation
(John Boye Ejobowah/Essay)
(John Boye Ejobowah/Essay)
This paper evaluates the second-generation theory (SGT) of fiscal federalism. It spells out the main arguments of the theory and discusses the fiscal architecture of Nigerian federalism with a view to ...
4.
Administration or Federation? Constitutional Self-Image and the World Political Order in Which the EU Finds Itself
(Ming-Sung Kuo/Essay)
(Ming-Sung Kuo/Essay)
In this article, I compare constitutional and administrative models in terms of their implications for the EU legal order’s interaction with other legal regimes. I aim to make a twofold argument on the ...
5.
“Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU
(Sergio Dellavalle/Essay)
(Sergio Dellavalle/Essay)
... power are analyzed first, then those which recur to the so-called “output legitimacy” – in other words to technocratic arguments. The last section of the contribution is dedicated to an overall assessment ...
6.
The Revision of the Multiannual Financial Framework 2014-2020. A Round-up of Key Issues at Stake
(Magdalena Sapała/Essay)
(Magdalena Sapała/Essay)
... of the MFF in the future years some radical changes are necessary, including an increase of the ceilings and flexibility. Besides, the problems with the implementation of the current MFF give arguments ...
... with the same challenges and risks. In order to support this argument I analyse the development of the different budget headings as well as the increasing flexibility within the budgetary system.Leaving ...
8.
Eurocrisis and the myths of European redistribution: illegitimate, unsustainable, inefficient?
(Francesco Nicoli/Essay)
(Francesco Nicoli/Essay)
Criticism of European solidarity relies on three cornerstone arguments with mythological features. First is the “Myth of the Beggar”: it is believed that supranational solidarity is self-defeating, as ...
9.
Margins of Nationality. External ethnic citizenship and non-discrimination
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
... arguments presented here should apply more generally, special attention will be paid to events that primarily triggered the authors’ interest, the case of Hungary. ...
10.
Rights of Minors and Constitutional Politics in the German Länder. Legal Framework, Party Strategies, and Constitutional Amendments
(Astrid Lorenz/Essay)
(Astrid Lorenz/Essay)
... in the Länder. The analysis also shows that the public arguments brought forward in favour of constitutional amendments refer only weakly and randomly to legal provisions and processes at other levels. ...
11.
Answers to Spanish centrifugal federalism: Asymmetrical federalism versus coercive federalism
(Esther Seijas Villadangos/Essay)
(Esther Seijas Villadangos/Essay)
... on the risk of the evolution of asymmetries into dissymmetries, which we understand as a proportional situation that is broken in an anomalous way mainly with pro secession arguments or by other threats. ...
12.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
... can thus help ascertaining the scope of subnational autonomous decision-making, if based on the set of arguments pertaining to efficiency and democratic legitimacy that together construe subsidiarity. ...
13.
Constitutional Courts, Constitutional Interpretation, and Subnational Constitutionalism
(Anna Gamper/Essay)
(Anna Gamper/Essay)
... decisions which have recently prevented a constitutional amendment of the Oklahoma Constitution. While the arguments and methodology used in these decisions cannot be generalized, they nevertheless raise ...
14.
The need for sub-national constitutions in federal theory and practice. The Belgian case
(Patricia Popelier/Essay)
(Patricia Popelier/Essay)
... of this paper explores the validity of this approach. More generally, the question is: how important is it in a federal state for sub-states to have their own sub-national constitutions? Arguments pro ...
15.
EU Citizenship, Naturalisations, and Mythical Cultural Exceptionalism in Europe Today
(Dimitry Kochenov/Essay)
(Dimitry Kochenov/Essay)
... and consolidation of EU citizenship changed the whole framework of reference within which any Member State nationality operates and should be discussed. The argument is that, particularly in the EU context, ...
16.
Constitutional Failure or Constitutional Odyssey? What Can We Learn From Comparative Law?
(Giuseppe Martinico/Review article)
(Giuseppe Martinico/Review article)
... second point, insisting on comparative argument. The research question of this work is: Can we compare the “constitutional crisis” of the EU to the constitutional difficulties encountered by other multinational ...
17.
Why Immigration Policy Should Be a Federal Policy: Considerations on the EU and the US
(Paolo Giordani/note)
(Paolo Giordani/note)
In a union of states such as the EU or the US, should immigration policy be decentralized or should it be a federal policy? Experience and economic logic offer a simple argument against decentralization. ...
18.
Federalism Theory and Neo-Functionalism: Elements for an analytical framework
(Søren Dosenrode/Essay)
(Søren Dosenrode/Essay)
... of regional integration setting up a stagiest model for categorizing it. Then follows an analysis of federalism theory and neo-functionalism. One argument of this article is to understand federalism theory ...