41.
Answers to Spanish centrifugal federalism: Asymmetrical federalism versus coercive federalism
(Esther Seijas Villadangos/Essay)
(Esther Seijas Villadangos/Essay)
... different intentions: the federalization of Spain implies a previous transition to federalism from a virtual field to a real field. We will review the main features in this transition. Post-conversion, ...
42.
Constitutional bases in the federal conflict over access to health care of undocumented immigrants in Spain
(Irene Sobrino Guijarro/Essay)
(Irene Sobrino Guijarro/Essay)
... social sphere are allocated to different levels of government according to a shared pattern, whereby the central level establishes framework legislation to be complemented and implemented by each of the ...
... systems are thus intertwined. (Quasi-)federal constitutional systems adopt different strategies, ranging from a centralist to a dualist approach. A comparative analysis, using indicators for measuring ...
44.
Constitutional Courts, Constitutional Interpretation, and Subnational Constitutionalism
(Anna Gamper/Essay)
(Anna Gamper/Essay)
This paper analyzes the impact of courts and different systems of judicial review on subnational constitutional autonomy. Focus is put on the question on which interpretive guidelines courts may draw when ...
... way points to the need to reject the currently fashionable ‘broad’ definition (following Elazar) in favour of a return to a ‘narrow’ differentiated definition (following Wheare). Further, it illuminates ...
46.
Thinking ahead of disasters. The role of risk regulation in the European Union
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... a specific issue of disaster management: given the low probability of high impact disasters, it is difficult to assess related risks, so their regulation involves balancing different rights and interests ...
47.
The Territoriality of Fiscal Solidarity: Comparing Swiss Equalisation with European Union Structural Funding
(Sean Mueller - Soeren Keil/Essay)
(Sean Mueller - Soeren Keil/Essay)
... of such solidarity through an analysis of two different forms of “federal” equalisation. Comparing the recently reformed Swiss fiscal equalisation system with the EU structural funds allows us to infer ...
48.
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 ...
Regional legislative power carries the same title as national legislative power. However, it is obviously different in nature. If Acts are general and impersonal – characteristics that distinguish them ...
50.
Subnational Constitutionalism in The Sars of the People’s Republic Of China. An Exceptional Tailored Suit Model?
(Paulo Cardinal - Yihe Zhang/Essay)
(Paulo Cardinal - Yihe Zhang/Essay)
... of similarity. However, the dynamics of constitutionalism show certain divergences that appeared in the two regions with a first decade of evolutionary praxis pointing to somehow different avenues that ...