In this article I explore the judicial dimension of federal systems from a subnational perspective. The findings show that regardles of the type of federalism subnational courts of last resort underscore ...
The Euroscepticism that led to the result of the Brexit referendum is not new, but can actually be traced back hundreds of years. This article explores Euroscepticism by comparing the modern EU with the ...
In this paper, I examine the degree and causes of judicial activism in a German subnational constitutional court. This research goal entails two dimensions. On the one hand, I explore whether and to what ...
4.
Reimagining Congress's Treaty-Implementing Authority: An Originalist Case for the Unexplored Middle Ground
(Robert A. Flatow/Essay)
(Robert A. Flatow/Essay)
... is either virtually plenary or virtually nugatory. I explore part of the vast middle ground. I assume as true Justice Scalia’s key argument in Bond v. United States, that implementing a treaty cannot be ...
5.
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)
... In the first part (section 2), this paper briefly explores the importance of subnational constitutions in multinational states, highlighting how subnational constitutions could incorporate cultural fundamental ...
... will be explored. ...
7.
History of a (Limited) Success: Five Points on the Representativeness of the Committee of the Regions
(Giuseppe Martinico/Essay)
(Giuseppe Martinico/Essay)
This article briefly explores the reasons why the Committee of the Regions (CoR) has only partially accomplished its representative function. It is divided into three parts. In the first part I argue that ...
8.
Socialisation and legitimacy intermediation in the Council of the European Union
(Kamil Ławniczak/Essay)
(Kamil Ławniczak/Essay)
... disturb the relaying of positions from the national to the supranational level, as the former approach implies. This paper aims to explore these issues, in particular related to representation and consensus. ...
9.
The role of the Capital Markets Union: towards regulatory harmonisation and supervisory convergence
(Sérgio Coimbra Henriques/Essay)
(Sérgio Coimbra Henriques/Essay)
... disturb the relaying of positions from the national to the supranational level, as the former approach implies. This paper aims to explore these issues, in particular related to representation and consensus. ...
10.
The implementation of EU law by national administrations: Executive federalism and the principle of sincere cooperation
(Rui Tavares Lanceiro/Essay)
(Rui Tavares Lanceiro/Essay)
This paper explores the similarities between the EU’s system of administrative implementation of its legislative acts, and the German and American systems of administrative implementation of their respective ...
11.
Constitutional Judges and Secession. Lessons from Canada … twenty years later
(Irene Spigno/Essay)
(Irene Spigno/Essay)
... therein have been further explored in two recent cases, issued by the Italian Constitutional), and by the Spanish Constitutional Tribunal in the latest decision of the Catalonia saga (Judgment no. 114 ...
12.
Constitutional and administrative paradigms in judicial control over EU high and low politics
(Pola Cebulak/Essay)
(Pola Cebulak/Essay)
This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy ...
... to the constitution privilege bargaining and intertwined policy-making as modes of conflict resolution and thus support grand coalitions. In this paper I will explore whether this theory can explain constitutional ...
... of some current own resources. The second option, which has long been called for by the European Parliament, is explored in further detail, with an overview of the potential candidates for new own resources ...
... discuss possible designs of a future constitutional settlement in Scotland and the United Kingdom. Notably, I will explore how far the Scottish constitutional tradition might impact on the constitutional ...
The article explores the present role of the ECB in European economic governance and point at the required steps to make such governance effective in tackling the challenges of the Eurozone and of the ...
... of the proposals recently suggested to reform the EU. In this piece I shall try to explore some important issues that should be taken into account when advancing reform proposals with regard to this i ...
18.
Multilevel Systems and Sub-National Constitutional Politics in Germany: a Qualitative Comparative Analysis
(Werner Reutter/Essay)
(Werner Reutter/Essay)
... and in detail, the Länder have significant constitutional leeway with regard to European integration. In addition – and maybe even more importantly – the paper explores unknown methodological territory. ...
19.
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)
In this essay, the author explores the way in which courts have played an important role in defining the shape of Mexico’s federal system and state constitutionalism in that country’s emerging multi-party ...
20.
Deferential dialogues between the Court of Justice and domestic courts regarding the compatibility of the EU Data Retention Directive with (higher?) national fundamental rights standards
(Ioana Pelin-Raducu/Essay)
(Ioana Pelin-Raducu/Essay)
... are also explored. The case-law where constitutional courts exercised their competence to indirectly review the validity of EU legislation is discussed in light of the constitutional pluralism paradigm. ...