... chambers and their constitutional position. The analysis starts with an assumption that this distinction is somehow under-theorised. The distinction between perfect and imperfect bicameralism, finally ...
22.
The referenda for more autonomy in Veneto and Lombardia: constitutional and comparative perspectives
(Erika Arban/Essay)
(Erika Arban/Essay)
... analytical perspective, this contribution studies the political and constitutional underpinnings of the two referenda while at the same time providing a cursory comparative account of differential and ...
23.
A Federal Turn? The European Union's Response to Constitutional Crises in the Member States
(Matteo Bonelli/Essay)
(Matteo Bonelli/Essay)
The EU has not yet found effective answers to constitutional crises in its Member States, in particular Hungary and Poland. Due to systemic problems of compliance with the common values of Art. 2, the ...
24.
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)
... International Association of Constitutional Law. This special issue collects some of the papers presented on that occasion. ...
25.
Constitutional Judges and Secession. Lessons from Canada … twenty years later
(Irene Spigno/Essay)
(Irene Spigno/Essay)
In constitutional theory, the referendum is an instrument that allows for the expression of the popular will in government decisions and through which people are asked to vote directly on an issue or policy. ...
26.
The Canadian Living Tree Doctrine as a Comparative Model of Evolutionary Constitutional Interpretation
(Leonardo Pierdominici/Essay)
(Leonardo Pierdominici/Essay)
This paper starts with a general contextualisation of how Canadian constitutional law acquired an important role in global constitutional conversations in recent decades. It then considers, in particular, ...
27.
Provincializing Constitutions: History, Narrative, and the Disappearance of Canada’s Provincial Constitutions
(Peter Price/Essay)
(Peter Price/Essay)
Constitutional scholarship in Canada since Confederation has been characterized by two primary narratives. The dualist narrative, which characterized constitutional scholarship between the late-nineteenth ...
28.
Canadian Federalism in Design and Practice: The Mechanics of a Permanently Provisional Constitution
(James A. Gardner/Essay)
(James A. Gardner/Essay)
This paper examines the interaction between constitutional design and practice through a case study of Canadian federalism. Focusing on the federal architecture of the Canadian Constitution, the paper ...
29.
Constitutional and administrative paradigms in judicial control over EU high and low politics
(Pola Cebulak/Essay)
(Pola Cebulak/Essay)
... domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global ...
30.
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 ...
31.
The Interpretive Function of the CJEU and the Interrelationship of EU and National Levels of Consumer Protection
(Geraint Howells and Gert Straetmans/Essay)
(Geraint Howells and Gert Straetmans/Essay)
... it must be noted that in all cases the CJEU has maintained a clear distinction between interpretation and application. The particular constitutional legal order in which the CJEU operates only allows for ...
32.
How to Bridge the Gaps between Competing Paradigms for EU Law: An Introduction
(Marta Simoncini and Gert Straetmans/Editorial)
(Marta Simoncini and Gert Straetmans/Editorial)
... contributions aim to give a more practical perspective on the constitutional and/or administrative character of the European Union, showing its implications and concrete questions. ...
33.
The Single Market and Synchronized Mechanisms for the Exercise of Administrative Functions: Converging Pathways or New Pathways for Integration? The Case of the European Banking Union
(Fabio Giglioni/Essay)
(Fabio Giglioni/Essay)
The EBU represents a clear investment in administrative integration with clear implications for the constitutional features of the EU. This paper aims to give an analysis of the administrative arrangements, ...
The paper deals with the validity of constitutional pluralism as a constitutional theory for the European Union and a paradigm for the understanding of EU law in the current times of crisis. It reconstructs ...
The robustness of the EU’s constitutional framework – and its ability to accommodate democratic politics – is challenged as never before. The growing disconnect between formally democratic procedures and ...
36.
The Functions of Constitutional Identity Performed in the Context of Constitutionalization of the EU Order and Europeanization of the Legal Orders of EU Member States
(Martin Belov/Essay)
(Martin Belov/Essay)
This article provides an analysis of the functions performed by constitutional identity in constitutional discourses of both the EU and its Member States, in the context of emerging post-Westphalian and ...
37.
Paradigms for EU Law and the Limits of Delegation. The Case of EU Agencies
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... the developments of EU law and the need to integrate it with recognition of the constitutional foundations of EU law.The analysis demonstrates this by focusing on a specific case study of institutional ...
38.
Reflections on the ‘Administrative, Not Constitutional’ Character of EU Law in Times of Crisis
(Peter L. Lindseth/Essay)
(Peter L. Lindseth/Essay)
... a dominant paradigm that seeks to understand EU governance in autonomously democratic and constitutional terms, the legitimacy of integration as a whole has remained primarily ‘administrative, not constitutional’. ...
39.
Commanders-in-chief beyond the border: analysing the powers of heads of state in Northern American federalism
(Tiago de Melo Cartaxo/Essay)
(Tiago de Melo Cartaxo/Essay)
Canada and the United States of America are examples of how two constitutional systems in the same region may adopt substantially different solutions in respect of the powers of the head of state. While ...
40.
Conflicts by Convergence and Deep Disagreements in European Constitutional Law
(Orlando Scarcello/Essay)
(Orlando Scarcello/Essay)
... disagreements in the context of European law. In order to illustrate this point, some notes on the recent Taricco saga will be developed. Finally, the relevance for European constitutionalism of deep disagreements ...