... structure of the courts, how are judges appointed? Thirdly, as language and ethnic diversity are often the key reasons for the establishment of federal arrangements, how is the language question dealt ...
2.
The Challenge of Diversity in a Multinational Federation: The Impact of the Judiciary on Pluralism in Canada
(Frédéric Bérard and Jean-François Gaudreault-DesBi/Essay)
(Frédéric Bérard and Jean-François Gaudreault-DesBi/Essay)
... the organization of the Canadian judicial system, namely the hierarchy of the courts, the nomination and compensation of judges, and the guarantees of judicial independence. After that, the paper discusses ...
... the status of judges; iii) participation of federated entities in issues related to the ‘self-government of judges’; iv) definition of a coherent system which allows jurisdictional disputes to be resolved. ...
4.
Are You Ready for That? The Next European Elections as a Crucial Moment in the History of the EU
(Giuseppe Martinico/Editorial)
(Giuseppe Martinico/Editorial)
... law we have enjoyed new rights which we can now claim before national judges. In this sense, although it does not benefit from the kind of legitimacy that national democracies normally have, it for sure ...
5.
Constitutional Judges and Secession. Lessons from Canada … twenty years later
(Irene Spigno/Essay)
(Irene Spigno/Essay)
In constitutional theory, the referendum is an instrument that allows for the expression of the popular will in government decisions and through which people are asked to vote directly on an issue or policy. ...
6.
The impossible constitutional reconciliation of the BVerfG and the ECJ in the OMT case. A legal analysis of the first preliminary referral of the BVerfG
(Francesco Pennesi/Note)
(Francesco Pennesi/Note)
... that the German judges have a different constitutional interpretation of the monetary mandate of the ECB. This article will focus on the different conceptions of European Monetary Union and in particular ...
7.
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)
... constitution that seek to protect independence and autonomy of state judges. These developments illustrate how states have tried to use their sphere of constitutional autonomy in more creative ways, and ...
8.
Riddle Me This, Riddle Me That: Anti-social Behaviour, Vagueness and Judicial Discretion in the United Kingdom
(Eleonora Harris/Essay)
(Eleonora Harris/Essay)
... freedoms, the conditions for granting them were unclear, as were the requirements to which respondents had to attune to. In that context, judges played a crucial role in attempting to define the scope ...
9.
The Importance of Consistent Interpretation in Subnational Constitutional Contexts: Old Wine in New Bottles?
(Giuseppe Martinico/Essay)
(Giuseppe Martinico/Essay)
In this paper I will focus on the role of national common judges (“giudici comuni”) in systems that are not characterized by a dual court system (one of the elements indentified by Gardner as peculiar ...
10.
Exploring Subnational Constitutionalism: A Special Issue
(Giacomo Delledonne - Giuseppe Martinico/Essay)
(Giacomo Delledonne - Giuseppe Martinico/Essay)
... and legislative power at this institutional level, and the role of ordinary and constitutional judges. ...
... of EU acts. This article aims to analyse whether this momentous change is reflected in the judgments of the Court of Justice, and more precisely how the Luxembourg judges are dealing with this source. ...
12.
Some reflections on the choices of the European Court of Justice in the Kücükdeveci preliminary ruling
(Filippo Fontanelli/Note)
(Filippo Fontanelli/Note)
In Kücükdeveci judgment, the European Court of Justice declared that national judges must set aside national norms that are at variance with the general principle of non discrimination on grounds of age, ...