1.
The Challenge of Diversity in a Multinational Federation: The Impact of the Judiciary on Pluralism in Canada
(Frédéric Bérard and Jean-François Gaudreault-DesBi/Essay)
(Frédéric Bérard and Jean-François Gaudreault-DesBi/Essay)
Tags: [Canada, judicial federalism, pluralism, separation of powers, Canadian Charter of Rights and Freedoms, Frédéric Bérard, Jean-François Gaudreault-DesBiens, Perspectives on Federalism, 2020] ...
2.
The Challenge of Diversity in a Multinational Federation: The Impact of the Judiciary on Pluralism in Canada
(Frédéric Bérard and Jean-François Gaudreault-DesBi/Essay)
(Frédéric Bérard and Jean-François Gaudreault-DesBi/Essay)
... and c) the Canadian Charter of Rights and Freedoms and other parts of the Constitution Act, 1982, where a special focus will be given to language and Aboriginal rights. ...
3.
Subnational constitutions between asymmetry in fundamental rights protection and the principle of non-discrimination: a comparison between Belgium (Charter for Flanders) and Switzerland
(Matteo Monti/Essay)
(Matteo Monti/Essay)
... the compatibility of asymmetry in fundamental rights with the equality principle, looking at the so-called Charter for Flanders (Handvest voor Vlaanderen, in Flemish) in the light of the Swiss experience. ...
4.
An Opportunity for Reflection – A Special Issue on “The Constitution of Canada: History, Evolution, Influence and Reform”
(G. Martinico, R. Albert, A. Baraggia and C. Fasone/Editorial)
(G. Martinico, R. Albert, A. Baraggia and C. Fasone/Editorial)
... of Canada has exerted considerable influence on other countries, particularly since the coming into force of its Constitution Act, 1982, which included the celebrated Canadian Charter of Rights and Freedoms. ...
5.
Women’s rights and minorities’ rights in Canada. The challenges of intersectionality in Supreme Court jurisprudence
(Valentina Rita Scotti/Essay)
(Valentina Rita Scotti/Essay)
After a discussion of the impact of the principle of equality, entrenched in the Charters approved in Canada since the 1867 British North American Act, this essay then focuses on the related Supreme Court’s ...
6.
Austerity on the loose in Portugal: European judicial restraint in times of crisis
(Francisco Pereira Coutinho/Essay)
(Francisco Pereira Coutinho/Essay)
... references submitted by Portuguese lower courts that questioned the compatibility with the Charter of Fundamental Rights of the EU of national budgetary measures that implemented the MoU. At the bottom, ...
... of different forms of legal interest. Part three examines how later case-law has tried to explain the problematic interpretation of early cases and its relationship with the Charter of Fundamental Rights ...
... with ever-recurring issues, as well as with emerging discussions (e.g., the debates about secession in Scotland and Catalonia, and the drafting of a “Charter” for Flanders). ...
9.
Subnational Constitutions; The Belgian Case in the Light of the Swiss Experience
(Olivier Van der Noot/Essay)
(Olivier Van der Noot/Essay)
Although Belgian federated entities do not have constituent power, Flanders has recently envisaged the adoption of a “proto-subnational Bill of Rights”, called the Charter for Flanders. This study briefly ...
10.
Movement towards a Flemish Constitution: the Charter for Flanders, another failed attempt?
(Sarah Lambrecht/Essay)
(Sarah Lambrecht/Essay)
A Constitution for Flanders has been preoccupying Flemish politicians and scholars for over twenty years. On 23 May 2012, the majority parties presented in the Flemish Parliament the Charter for Flanders. ...
11.
Security Council Resolutions before European Courts: The Elusive Virtue of Non Direct Effect
(Andrea Guazzarotti/Essay)
(Andrea Guazzarotti/Essay)
... by the European Court of Human Rights in order to avoid the crucial decision over the hierarchy between obligations arising from the ECHR and the UN Charter. This article describes the “elusive virtue” ...
12.
The Importance of Consistent Interpretation in Subnational Constitutional Contexts: Old Wine in New Bottles?
(Giuseppe Martinico/Essay)
(Giuseppe Martinico/Essay)
... of the proliferation of fundamental charters in non- federal systems; second, I am going to frame this issue within the categories of some fashionable constitutional theories; third, I will try to explain ...
After the entry into force of the Lisbon Treaty, the European Union’s Charter of Fundamental Rights has found a place among the formal sources of EU law, and has become a standard of review for the validity ...
14.
Speaking in Name of the Constituent Power: the Spanish Constitutional Court and the New Catalan Estatut
(Giacomo Delledonne/Note)
(Giacomo Delledonne/Note)
In June 2010 the Spanish Constitutional Court rendered a very important judgment on the constitutional legitimacy of the new fundamental charter (Estatut) of the Autonomous Community of Catalonia. Faced ...
15.
Some reflections on the choices of the European Court of Justice in the Kücükdeveci preliminary ruling
(Filippo Fontanelli/Note)
(Filippo Fontanelli/Note)
... by virtue of its direct applicability (even in disputes between private parties). This principle is also codified in the Charter of Fundamental Rights and in the EC Directive 2000/78, therefore it is worth ...
16.
The new “Estatutos de autonomía” in Spain: a brief overview of the literature
(Giuseppe Martinico/Review article)
(Giuseppe Martinico/Review article)
In the latest years, the Spanish constitutional system has been characterized by a proliferation of sub-national fundamental charters (“Estatutos de las Comunidades Autónomas”, hereinafter CAs): in fact, ...
This note analyses the new Charter of the Organization of the Islamic Conference, adopted in 2008. link: http://www.oic-oci.org ...