1.
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 ...
... order and of the techniques for the protection of fundamental rights. This article focuses on the model of judicial federalism that has developed in the United States. How does this particular configuration ...
... extent a German subnational constitutional court affects the scope of maneuvering of subnational parliaments and has thus developed a tendency towards judicial activism. I determine the degree of judicial ...
4.
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)
... in constitutional reform. However, we will see how recently, in Spain, the anticipated routes for territorial participation in the constitutional text have proved to be clearly insufficient, and have developed ...
5.
The Lesson from the Modern American Federalism: A Challenge to Effective Public Policy Performance
(Geiguen Shin/Essay)
(Geiguen Shin/Essay)
... of the power relationship has been observed in a variety of policies during the past quarter-century as has the discussion of whether or not contemporary U.S. federalism has developed in a way that increase ...
6.
Unicameralism, Bicameralism, Multicameralism: Evolution and Trends in Europe
(Paolo Passaglia/Essay)
(Paolo Passaglia/Essay)
An analysis of the structure of parliaments in European countries shows that a wide range of options developed across the centuries. However, many of these patterns (among which tetracameralism, tricameralism, ...
7.
Constitutional Judges and Secession. Lessons from Canada … twenty years later
(Irene Spigno/Essay)
(Irene Spigno/Essay)
... the issue of independence referendums. The birth of this constitutional trend can be found in the 1998 decision by the Supreme Court of Canada in the Reference Re Secession of Quebec. The principles developed ...
8.
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)
... is developed through a series of contributions that challenge the paradigms in different directions. The discussion is articulated on two levels. On the one hand, a group of contributions focuses on the ...
9.
“Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU
(Sergio Dellavalle/Essay)
(Sergio Dellavalle/Essay)
... destiny. After giving a brief account of how both legitimation strategies have developed in the history of political ideas, attention is focused on the theories regarding the legitimacy of public power ...
10.
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)
... the United States Founding Fathers opted to follow a republican and presidential path, the Canadian constitutional system developed a framework under the British monarchic background, in part as a rejection ...
11.
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 ...
... play in different arenas. The parliamentary parties are responsible to organize the workings of the European Parliament (EP) and have developed strong organizational structures over time. In contrast, ...
13.
Early warning and regional parliaments: in search of a new model. Suggestions from the Basque experience
(Josu Osés Abando/Essay)
(Josu Osés Abando/Essay)
The balance sheet of having had the early warning procedure for two years shows that the active role developed by some regional parliaments, like the Basque Parliament, has reached a point of lack of efficacy ...
... the relationships that the Autonomous Communities have developed regarding the Union or any of its components and which can be grouped under the expressive name of “paradiplomacy” or inter-territorial ...
15.
Empowering Local Democracy In Catalonia: Tools And Policy Domains To Implement a Top-Down Solution
(Lluís Medir Tejado/Essay)
(Lluís Medir Tejado/Essay)
... Catalonia have developed their own model of local participation. And the range of instruments like these is still now increasing. More specifically, the scope of this research is twofold. On the one hand, ...
In the Bill of Rights of the Andalusian Statute of Autonomy, right to participation is extremely well-developed and is not restricted to the traditional rights to political participation, but rather is ...
... developed by citizens, individually and especially through representatives of social formations, in order to influence the actions of public authorities. The mechanisms that citizens have at their disposal ...
... municipalities of various dimensions developed it, creating a number of original experiments on a new model of administration. The fact is all the more remarkable as Italy in the last decade has been dominated ...
19.
Protection of EU citizens abroad: A legal assessment of the EU citizen’s right to consular and diplomatic protection
(Madalina Bianca Moraru/Essay)
(Madalina Bianca Moraru/Essay)
... find themselves in distress outside of the Union’s borders. It critically assesses the legal nature, content and effects in the domestic legal orders of the least developed right recognised to the EU citizen: ...
20.
Operation Atalanta and the Protection of EU Citizens: Civis Europaeus Unheeded?
(Joris Larik/Essay)
(Joris Larik/Essay)
... is constitutionally incomplete and shows that the external dimension of Union citizenship is still underdeveloped ...