... activism with a newly developed “strength index” that measures possible reverberations of decisions made by constitutional courts in the political realm. In this respect, the project addresses a central ...
2.
The commons: an innovative basis for transnational environmental law in the era of Anthropocene? The case of Latin America
(Domenico Giannino and Antonio Manzoni/Essay)
(Domenico Giannino and Antonio Manzoni/Essay)
The purpose of the present paper is to find a theoretical-legal basis for the recent innovative decisions by the Colombian Supreme Court of Justice and by the Inter-American Court of Human Rights on ...
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)
... constitutions in federal systems. While doing so, the paper focuses on the Swiss experience, looking at the relevant case law of the Swiss Federal Supreme Court and the decisions of the Federal Assembly ...
... of the two federal tiers and the Länder executives within the Bundesrat play a major role in making joint decisions. They are forced to make decisions in the ‘joint-decision mode’ (Politikverflechtung) ...
5.
Shared Rule vs Self-Rule? Bicameralism, Power-Sharing and the 'Joint Decision Trap'
(Arthur Benz/Essay)
(Arthur Benz/Essay)
... against the encroachments of central legislation into their areas of responsibility. Both functions seem to be best fulfilled in legislative systems requiring joint decisions of legislative chambers. Depending ...
6.
Socialisation and legitimacy intermediation in the Council of the European Union
(Kamil Ławniczak/Essay)
(Kamil Ławniczak/Essay)
... to decide by qualified majority. Socialisation is weakening the input legitimacy of decisions made in the Council, while at the same time enhancing their output legitimacy by favouring genuine consens ...
7.
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. ...
... 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, ...
9.
The politics of sub-national constitutions and local government in Ethiopia
(Zemelak Ayitenew Ayele/Essay)
(Zemelak Ayitenew Ayele/Essay)
... institutions at those levels, are involved only in the execution of decisions passed by the centre. Given such a context, the establishment and empowerment of local government – which took place in two ...
10.
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 ...
11.
Constitutional Courts, Constitutional Interpretation, and Subnational Constitutionalism
(Anna Gamper/Essay)
(Anna Gamper/Essay)
... decisions which have recently prevented a constitutional amendment of the Oklahoma Constitution. While the arguments and methodology used in these decisions cannot be generalized, they nevertheless raise ...
... 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 ...
13.
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)
... have a say in the decisions being taken “in Brussels”. Their active involvement seems even more necessary after the Euro-crisis, which has brought about a steady acceleration of both the trends towards ...
14.
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 ...
... of the referendum as a whole. This makes it crucial that the authorities take into account the results of the referendums when taking decisions. It is also concluded that the scenario of different referendums ...
16.
The Eurozone decisions: a step towards a European lender of last resort, but others must follow
(Alberto Majocchi/Editorial)
(Alberto Majocchi/Editorial)
The decisions taken by the recent meeting of the Heads of State and Government - held in Brussels on 21 July 2011- strengthen the European Financial Stability Facility (EFSF) and constitute a first step ...