21.
The Secession Issue and Territorial Autonomy in Spain: Bicameralism Revisited
(Alberto López-Basaguren/Essay)
(Alberto López-Basaguren/Essay)
The Spanish Constitution defines the Senate as 'Chamber of territorial representation'. But in the Senate the provinces are represented, not the Autonomous Communities. The Senate is a Chamber of ‘sober ...
This paper presents the Swiss Ständerat as a model of perfect bicameralism. It looks at the constitutional design of the second Chamber, examines the evolution of the Ständerat and critically assesses ...
... powers in relation to the European Union and functions granted to maintain the legitimate constitutional order), their effectiveness in serving the purposes of bicameralism, and of regional representation, ...
... the normative concept of the legislative functions of federal second chambers: what is the particularly federal rationale behind these legislative powers, and are there other constitutional rationales ...
... 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 ...
26.
The referenda for more autonomy in Veneto and Lombardia: constitutional and comparative perspectives
(Erika Arban/Essay)
(Erika Arban/Essay)
... northern regions of Veneto and Lombardia to seek additional forms and conditions of autonomy within the Italian regional state as painted by the Constitution after the 2001 reform. By adopting mainly an ...
27.
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 ...
28.
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)
Canada is and will for the foreseeable future be a peaceful and prosperous liberal democracy whose Constitution Act, 1867, now 150 years old as of 2017, has become a model for the modern world. The Constitution ...
29.
Franchises Lost and Gained: Post-Coloniality and the Development of Women’s Rights in Canada
(Charlotte Helen Skeet/Essay)
(Charlotte Helen Skeet/Essay)
The Canadian constitution is to some extent characterised by its focus on equality, and in particular gender equality. This development of women’s rights in Canada and the greater engagement of women as ...
30.
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. ...
31.
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, ...
32.
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 ...
33.
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 ...
34.
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 ...
35.
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 ...
36.
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 ...
37.
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. ...
38.
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 ...