21.
The Importance of Consistent Interpretation in Subnational Constitutional Contexts: Old Wine in New Bottles?
(Giuseppe Martinico/Essay)
(Giuseppe Martinico/Essay)
... of the proliferation of fundamental charters in non- federal systems; second, I am going to frame this issue within the categories of some fashionable constitutional theories; third, I will try to explain ...
... a commonly shared movement regarding regional legislative powers. In any case, however, regional legislative power is a fundamental element in the definition of the constitutionalism of the composed State ...
23.
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)
... last but not the least, the Basic Laws), a remarkable high level of autonomy – namely in key areas such as fundamental rights, the continuation and evolution of a distinct legal system, including an almost ...
Participation is a fundamental principle of the Italian Constitution (art. 3). Nonetheless its enforcement was rather weak in the first decades of Italian Republic. Only from the nineties on – especially ...
25.
European cooperation in counter-terrorism and the case of individual sanctions
(Giulia Gargantini/Essay)
(Giulia Gargantini/Essay)
... the shortcomings regarding the institutional structure of the European Union during the pre-Lisbon period and the problems ensuing from the UN regime of financial sanctions, most namely as regards fundamental ...
After the entry into force of the Lisbon Treaty, the European Union’s Charter of Fundamental Rights has found a place among the formal sources of EU law, and has become a standard of review for the validity ...
... be accompanied by a contextual decision fixing the date for the start of a fully fledged completed European Federation since one fundamental principle of democracy is “No Taxation without Representati ...
28.
Speaking in Name of the Constituent Power: the Spanish Constitutional Court and the New Catalan Estatut
(Giacomo Delledonne/Note)
(Giacomo Delledonne/Note)
In June 2010 the Spanish Constitutional Court rendered a very important judgment on the constitutional legitimacy of the new fundamental charter (Estatut) of the Autonomous Community of Catalonia. Faced ...
29.
Constitutional Interpretation in Federations and its Impact on the Federal Balance
(Arun Sagar/Essay)
(Arun Sagar/Essay)
... in federalism-related issues than they do in other areas of constitutional law, such as fundamental rights ...
30.
The Indian and Chinese policies towards Africa: a veritable challenge to EU-led interregionalism?
(Emanuele Pollio/Essay)
(Emanuele Pollio/Essay)
This paper aims to analyze comparatively EU’s, China’s and India’s diverging designs for the governance of Africa. The paper addresses one fundamental research question: to what extent do the Chinese ...
31.
Some reflections on the choices of the European Court of Justice in the Kücükdeveci preliminary ruling
(Filippo Fontanelli/Note)
(Filippo Fontanelli/Note)
... by virtue of its direct applicability (even in disputes between private parties). This principle is also codified in the Charter of Fundamental Rights and in the EC Directive 2000/78, therefore it is worth ...
32.
The new “Estatutos de autonomía” in Spain: a brief overview of the literature
(Giuseppe Martinico/Review article)
(Giuseppe Martinico/Review article)
In the latest years, the Spanish constitutional system has been characterized by a proliferation of sub-national fundamental charters (“Estatutos de las Comunidades Autónomas”, hereinafter CAs): in fact, ...