... are investigated using decisions made by the high courts of Australia, Canada, and the United States. The descriptive findings indicate that institutional arrangements, such as federalism, in some ways, ...
22.
The impossible constitutional reconciliation of the BVerfG and the ECJ in the OMT case. A legal analysis of the first preliminary referral of the BVerfG
(Francesco Pennesi/Note)
(Francesco Pennesi/Note)
... Bank, one of the most effective European instruments in counteracting the effects of the Euro-crisis. Despite the apparent willingness of the BVerfG to accept the referring decision of the ECJ, it is clear ...
23.
The Legitimacy of Discriminatory Disenfranchisement? The Impact of the Rules on the Right to Vote in the Bremain/Brexit Referendum
(Allan F. Tatham/Editorial)
(Allan F. Tatham/Editorial)
The Divisional Court of the Queen’s Bench Division of the England and Wales High Court handed down its decision on 20 April 2016 in the judicial review case of Shindler. This ruling confirmed that British ...
24.
Multilevel Systems and Sub-National Constitutional Politics in Germany: a Qualitative Comparative Analysis
(Werner Reutter/Essay)
(Werner Reutter/Essay)
... 23 decision-making processes in German Länder and try to find out how far their outcome has been determined by multilevel and / or sub-national factors. Notably, I will refer to three policy areas in which ...
25.
The politics of sub-national constitutions and local government in Ethiopia
(Zemelak Ayitenew Ayele/Essay)
(Zemelak Ayitenew Ayele/Essay)
... the party has a highly centralised decision-making system founded on the principle of ‘democratic centralism’. Under this system, the party’s regional and local structures, which also control government ...
26.
Strengthening state constitutionalism from the federal Constitution: the case of Mexico
(José María Serna de la Garza/Essay)
(José María Serna de la Garza/Essay)
... democratic system. Specifically, three developments are examined: a) States’ constitutional reforms defining their own catalogues of human rights; b) Decisions of the Federal Electoral Tribunal enforcing ...
27.
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. ...
28.
Constitutional Courts, Constitutional Interpretation, and Subnational Constitutionalism
(Anna Gamper/Essay)
(Anna Gamper/Essay)
... Constitutional Court’s views on subnational direct democracy. The second case discusses the Spanish Constitutional Court’s decision on the Catalonian Statute. Thirdly, the paper examines US federal courts’ ...
29.
European Citizens… Mind the Gap! Some Reflections on Participatory Democracy in the EU
(Delia Ferri/Essay)
(Delia Ferri/Essay)
... of the involvement of people and civil society in decision-making remains contentious, more than a decade after the publication of the 2001 White Paper on European Governance, the method of increasing ...
30.
The evolving role of the Italian Conference system in representing regional interests in EU decision-making
(Elena Griglio/Essay)
(Elena Griglio/Essay)
... the role exercised by such bodies in the EU decision-making process. After a general overview of the main organisational and functional features characterising the activity of these bodies in EU affairs, ...
... decisions that their governments could not adopt domestically nevertheless ended up being adopted in Europe. This affected the competences of these sub-state entities, which had no representation in Europe ...
32.
National and Regional Parliaments in the EU decision-making process, after the Treaty of Lisbon and the Euro-crisis
(Nicola Lupo/Essay)
(Nicola Lupo/Essay)
The Treaty of Lisbon increased the role of National and Regional Parliaments in the EU decision-making process, in order to compensate for some of the weaknesses of the European institutional architecture. ...
33.
The international role of the European Parliament: The SWIFT Affair and the ‘re-assessed’ European institutional balance of power
(Maria Romaniello/Essay)
(Maria Romaniello/Essay)
... for which the internal co-decision procedure is required.The international role of EP is thus gradually accepted in the academic literature. In this line, the aim of the paper is to provide empirical ...
34.
EU Citizenship before the CJEU: On the importance of the application of the proportionality principle
(Carmen Román Vaca/Essay)
(Carmen Román Vaca/Essay)
Courts use the proportionality principle to ensure the legitimacy of their decisions. According to Harbo (2010), the CJEU is interpreting the principle in different ways, determined by the different areas ...
35.
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” ...
36.
Comparing the Subnational Constitutional Space of the European Sub-State Entities in the Area of Foreign Affairs
(Nikos Skoutaris/Essay)
(Nikos Skoutaris/Essay)
... of the institutional opportunities that the Union composite constitutional order provides for the participation of the regional tier in its decision-making processes. The present paper examines how the ...
37.
Empowering Local Democracy In Catalonia: Tools And Policy Domains To Implement a Top-Down Solution
(Lluís Medir Tejado/Essay)
(Lluís Medir Tejado/Essay)
... on policy domains and the quality of the decision-making processes. Researching the stability of the participation tools or whether local democracy prefers more “ad hoc” processes allows us to analyze ...
38.
Regulatory Framework of Local Citizen Participation: Instruments of Direct and Participative Democracy in the Municipal Field
(Enriqueta Expósito/Essay)
(Enriqueta Expósito/Essay)
... directly involve civil society in the decision-making process experiencing the scope and appropriateness of the instruments by which it is channeled ...
39.
Civil participation policy and democratic innovation in the autonomous community of Aragon
(Sergio Castel Gayán/Essay)
(Sergio Castel Gayán/Essay)
... the quality of democracy and the efficiency of public decision-making. It is necessary to assume that governments cannot face these complex transformations without taking into account all voices and interests. ...
40.
Efficiency as a descriptive variable of autonomous electoral systems in Spain
(Jaume Magre Ferran/Essay)
(Jaume Magre Ferran/Essay)
... decision to look to countries with multi-level political structures for inspiration. This paper puts forward the hypothesis that the electoral system in communities which form part of the endogenous party ...