Tags: [Africa, federalism, judicial pluralism, language and ethnic diversity, Steytler, Ayele, Perpectives on Federalism] ...
Tags: [Belgium, federalism, judicial pluralism, representation of sub-national entities, language pluralism, Patricia, Popelier, Perspectives on federalism] ...
3.
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)
Tags: [Canada, judicial federalism, pluralism, separation of powers, Canadian Charter of Rights and Freedoms, Frédéric Bérard, Jean-François Gaudreault-DesBiens, Perspectives on Federalism, 2020] ...
4.
Jurisdiction and Pluralisms: Judicial Functions and Organisation in Federal Systems
(Jens Woelk/Essay)
(Jens Woelk/Essay)
Tags: [Germany, federalism, rule of law, unity of the judiciary, judicial pluralism, Jens Woelk, Pespectives on Federalism, 2020] ...
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 administration of justice. In other words, is the judicial branch of government also part of the federal arrangements, and if so, how has that been manifested? Four sub-questions are posed in this ...
... some fragmentation has taken place, with sub-state competences related to several aspects of the judicial organisation, and a regularly used leeway for Communities and Regions to establish administrative ...
8.
Jurisdiction and Pluralism: Judicial Functions and Organization in Federal Systems. The Case of Germany
(Dian Schefold/Essay)
(Dian Schefold/Essay)
This article analyses the model of judicial federalism that has developed in the Federal Republic of Germany. As the constitutional history of Germany reveals, federal regulation of the judiciary has often ...
9.
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 ...
In Argentina the repercussions on the judicial system deriving from the territorial allocation of power are marked by peculiar features that make this experience not fully ascribable to what can be defined ...
11.
Jurisdiction and Pluralisms: Judicial Functions and Organisation in Federal Systems
(Jens Woelk/Essay)
(Jens Woelk/Essay)
The thematic focus of this issue of Perspectives on Federalism shall analyse phenomena of pluralism in the judiciary of federal systems: ‘Jurisdiction and Pluralisms: Judicial Functions and Organisation ...
12.
The declinations of regulatory pluralism in the form of the multilevel State and their impact on jurisdiction: judicial federalism in the United States. An (unfinished?) model for a pluralist defence of rights
(Mario Comba/Essay)
(Mario Comba/Essay)
Judicial federalism has generally been neglected by scholars in comparative federalism. However, this topic is quite relevant for a proper understanding of the distribution of competences in a federal ...
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 ...
14.
Federalism in post-conflict states: Assessing Somalia's challenges and the way forward
(A.Y.S. Ali, A.H. Dahir and Z.D. Hersi/Essay)
(A.Y.S. Ali, A.H. Dahir and Z.D. Hersi/Essay)
... power sharing; judicial power sharing; and fiscal federalism. According to the research findings, poor knowledge of federalism, considering federalism as a clan-based system, and political corruption are ...
15.
The commons: an innovative basis for transnational environmental law in the era of Anthropocene? The case of Latin America
(Domenico Giannino and Antonio Manzoni/Essay)
(Domenico Giannino and Antonio Manzoni/Essay)
... the natural environment – the so-called “environmental rights”. In the central part (Par. 2 and 3) we will illustrate and comment on the content of the judicial decisions by the Supreme Court of Colombia ...
16.
An Opportunity for Reflection – A Special Issue on “The Constitution of Canada: History, Evolution, Influence and Reform”
(G. Martinico, R. Albert, A. Baraggia and C. Fasone/Editorial)
(G. Martinico, R. Albert, A. Baraggia and C. Fasone/Editorial)
... powers, the judicial function, and the structure of government. In light of these impressive achievements, an international symposium on the Canadian Constitution was held in Pisa at the Scuola Sant’Anna ...
17.
The Canadian Living Tree Doctrine as a Comparative Model of Evolutionary Constitutional Interpretation
(Leonardo Pierdominici/Essay)
(Leonardo Pierdominici/Essay)
... since its comparative influence is traceable both in the work of courts that are historical participants in transnational judicial conversations, and courts that are new players in the game. ...
18.
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 ...
19.
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 ...
20.
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 ...