1.
The Canadian Living Tree Doctrine as a Comparative Model of Evolutionary Constitutional Interpretation
(Leonardo Pierdominici/Essay)
(Leonardo Pierdominici/Essay)
... the well-known Canadian Living tree doctrine as a model of evolutionary constitutional interpretation, and argues that it is a relevant case study for our purposes since it is able to precisely link the ...
2.
Paradigms for EU Law and the Limits of Delegation. The Case of EU Agencies
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... design in the internal market integration: the delegation of powers to EU agencies. By recognising the judicial evolution of the so-called Meroni doctrine concerning the non-delegation of powers to EU ...
3.
Reflections on the ‘Administrative, Not Constitutional’ Character of EU Law in Times of Crisis
(Peter L. Lindseth/Essay)
(Peter L. Lindseth/Essay)
... paradigm suggests that the EU’s judicial doctrines must be adjusted. The purpose should be to address the persistent disconnect between supranational regulatory power and its robust sources of democratic ...
4.
An Internationally Intelligible Principle: Comparing the Nondelegation Doctrine in the United States and European Union
(Edward Grodin/Essay)
(Edward Grodin/Essay)
... Union have arrived at the same broad conclusion about a “nondelegation doctrine”: delegations to administrative agencies should be permitted so long as some limiting principle governs the exercise of that ...
5.
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)
... organization based on elements of separation of powers doctrines and openness to pluralism, and an international law capacity - which provides the condition for the existence and ongoing evolution of subnational ...
6.
Redefining Parliamentary Sovereignty: The Example of the Devolution Referenda
(Eleonora Harris/Essay)
(Eleonora Harris/Essay)
The goal of this paper is to draw attention to a critical issue regarding the decline in the traditional doctrine of Parliamentary sovereignty in the United Kingdom. Devolution has proven to be a serious ...
7.
Some reflections on the choices of the European Court of Justice in the Kücükdeveci preliminary ruling
(Filippo Fontanelli/Note)
(Filippo Fontanelli/Note)
... focuses on the validity of an "incidental direct effects" doctrine, and on the repercussions that this decision might have on the social cohesion of the European Union ...