Tags: [Constitutional adjudication, federalism, subnational courts of last resort, comparativerule of law, werner, reutter, 2021, perspectives on federalism] ...
... If we discuss constitutional adjudication and high courts in federal systems, we must take the subnational level into account. Without giving this level its due credit, we are unable to understand ...
... The liberation struggle was blessed by the congress government at Centre with the dismissal of the ministry which was unconstitutional from any angle. It was found the dismissal of the first Communist ...
4.
Self-rule vs. Shared Rule: The Design and Evolution of Federal Institutions in Colombia
(Kent Eaton/Essay)
(Kent Eaton/Essay)
... two hybrid configurations generates two distinct but related theoretical puzzles. First, why did the 1991 constitution simultaneously empower Colombia’s constituent units with self-rule only to disempower ...
5.
Jurisdiction and Pluralism: Judicial Functions and Organization in Federal Systems. The Case of Germany
(Dian Schefold/Essay)
(Dian Schefold/Essay)
This article analyses the model of judicial federalism that has developed in the Federal Republic of Germany. As the constitutional history of Germany reveals, federal regulation of the judiciary has often ...
6.
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. ...
... as ‘classic models’ of ‘judicial federalism’, namely the United States and Germany. This is related to the particularities of Latin American constitutionalism in general, and Argentine constitutionalism ...
... of Covid-19 has revived the age-old discussion about states of emergency and the ability of constitutional law to provide appropriate instruments for addressing existential threats. In federal and regional ...
9.
Addressing the limits of autonomy: Origin, organization and purpose of horizontal intergovernmental forums in three federations
(Yonatan Tesfaye Fessha/Essay)
(Yonatan Tesfaye Fessha/Essay)
... intergovernmental forums in Kenya, Spain and Canada. The constitutional origin of institutions of horizontal intergovernmental relations is uncommon. The experience of the three political forums confirm ...
10.
Can Asymmetrical Constitutional Arrangements Provide an Alternative Answer for the Disputed? Bringing Constitutional Asymmetries into Play in the Middle East Peace Process
(Maja Sahadžić /Essay)
(Maja Sahadžić /Essay)
Most traditional federal theory remains rooted in the notion that asymmetrical constitutional arrangements within a state structure are somewhat exceptional. According to contemporary federal theory, however, ...
11.
The Iraqi Federation and the Kurdistan Regional Government: the conflict between communal and oil and gas policies
(Adriano Dirri/Essay)
(Adriano Dirri/Essay)
... in their interplay, which permeates the whole Iraqi constitutional experience. The 2005 Iraqi Constitution embodies specific but vague dispositions related to the ownership and the ‘management’ of oil ...
In this paper, I examine the degree and causes of judicial activism in a German subnational constitutional court. This research goal entails two dimensions. On the one hand, I explore whether and to what ...
13.
Federalism in post-conflict states: Assessing Somalia's challenges and the way forward
(A.Y.S. Ali, A.H. Dahir and Z.D. Hersi/Essay)
(A.Y.S. Ali, A.H. Dahir and Z.D. Hersi/Essay)
... the most challenging factors to federalism adoption in Somalia. Other challenges relate to the provisional Somali constitution, such as power distribution, fiscal management, regional boundary disputes, ...
14.
Are You Ready for That? The Next European Elections as a Crucial Moment in the History of the EU
(Giuseppe Martinico/Editorial)
(Giuseppe Martinico/Editorial)
... participates in the function historically played by constitutionalism. ...
15.
The 2019 European Parliament elections: politically crucial, but without clear institutional effects
(Nicola Lupo/Essay)
(Nicola Lupo/Essay)
... process in the European Union is far from unified and uncertainties and ambiguities are still existing: especially regarding the constitutional convention on the lead candidates, known as Spitzenkandidaten, ...
16.
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)
... In the first part (section 2), this paper briefly explores the importance of subnational constitutions in multinational states, highlighting how subnational constitutions could incorporate cultural fundamental ...
17.
A ‘second youth’ for the EU Speakers’ Conference? A critical appraisal of its ‘quasi-constitutional’ role
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
The EU Speakers’ Conference has experienced a ‘second youth’ after the entry into force of the Treaty of Lisbon by playing a ‘quasi-constitutional’ role in inter-parliamentary cooperation, and in particular ...
18.
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)
... relations in the EU have gradually experienced somewhat distinctive pushes, deeply embedded in the unique constitutional arrangement of the Union. On the one hand, the composite nature of EU constitutionalism, ...
19.
Bi-Ethnic Federalism and the Question of Sovereignty: Understanding the Competitive Security Postures in Cyprus
(Pavlos I. Koktsidis/Essay)
(Pavlos I. Koktsidis/Essay)
When ethnic groups negotiate self-government arrangements, ‘ethnic sovereignty’ lies boldly at the heart of their security considerations. The constitutional nature of self-determination and the extent ...
20.
Federalism and constitution: States’ participation in constitutional reform as a guarantee of the federalisation process. (A study of Spain’s unique model)
(María Reyes Pérez Alberdi/Essay)
(María Reyes Pérez Alberdi/Essay)
The aim of involving state members in reforming federal constitutions is to guarantee them the autonomy that they have been constitutionally granted. It also prevents reform from being carried out unilaterally ...