1.
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)
... and c) the Canadian Charter of Rights and Freedoms and other parts of the Constitution Act, 1982, where a special focus will be given to language and Aboriginal rights. ...
2.
Reimagining Congress's Treaty-Implementing Authority: An Originalist Case for the Unexplored Middle Ground
(Robert A. Flatow/Essay)
(Robert A. Flatow/Essay)
This Article addresses Congress’s prerogative to implement non-self-executing treaties. In construing Congress’s Necessary and Proper Clause authority in this area, most commentators have argued that it ...
3.
Women’s rights and minorities’ rights in Canada. The challenges of intersectionality in Supreme Court jurisprudence
(Valentina Rita Scotti/Essay)
(Valentina Rita Scotti/Essay)
... adjudications. A brief analysis of the case-law concerning gender equality is followed by the discussion of cases of Aboriginal and Muslim women with the aim of assessing whether intersectionality represents ...
4.
“Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU
(Sergio Dellavalle/Essay)
(Sergio Dellavalle/Essay)
... in the European Union. Indeed, both strands of legitimation of public power are represented here with original proposals, according to the specificity of the supranational condition. But even more interesting ...
5.
Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court
(Antonia Baraggia and Maria Elena Gennusa/Essay)
(Antonia Baraggia and Maria Elena Gennusa/Essay)
International and constitutional law, originally distinct realms with limited areas of intersection, are getting closer and closer, particularly in the European landscape within the human rights protection ...
... principles. At the same time such a system of values does not fit with the “Asian Values approach”. Thus the ASEAN Sonderweg results as an original hybrid of western and local values that goes beyond the ...
7.
European Citizens… Mind the Gap! Some Reflections on Participatory Democracy in the EU
(Delia Ferri/Essay)
(Delia Ferri/Essay)
Since 1957, the European Economic Community (EEC) has undergone profound constitutional changes, dictated by the geographic and functional expansion of the EU, but also by the need to heal its original ...
8.
Thinking ahead of disasters. The role of risk regulation in the European Union
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... at achieving resilience against disasters. Being resilient means having the abilities to resist, adapt to stressful changes and to bounce back to the original structure. In a resilience-oriented context, ...
9.
Overcoming the Legal Iron Curtain: Similarities and differences in the use of preliminary references between new and old Member States
(Juan A. Mayoral/Essay)
(Juan A. Mayoral/Essay)
... of this mechanism of judicial cooperation between the old and the new Member States incorporated in 2004 and 2007. The study presents original and comprehensive data on the use of preliminary references ...
... municipalities of various dimensions developed it, creating a number of original experiments on a new model of administration. The fact is all the more remarkable as Italy in the last decade has been dominated ...
11.
Instruments of participation at regional level: an introduction to the Italian framework in new ordinary statutes
(Anna Mastromarino/Essay)
(Anna Mastromarino/Essay)
The new ordinary statutes of Italian Regions attempt to reconcile the more traditional instruments of representative and direct democracy with the new instruments of participatory democracy. While no original ...
12.
Redefining Parliamentary Sovereignty: The Example of the Devolution Referenda
(Eleonora Harris/Essay)
(Eleonora Harris/Essay)
... threat to Westminster’s supremacy in view of the fact that until now it has evolved with a degree of complexity that the original proponents had scarcely imagined. One of the most peculiar examples of ...
13.
Closer to the citizens? European constitutional processes, communication policy and publicity
(Giulio Itzcovich/Essay)
(Giulio Itzcovich/Essay)
... Publicity originally emerged from the domain of public relations in corporate governance and bears some similarity with commercial marketing and political propaganda. By analysing the constitutional ...
14.
Constitutional Interpretation in Federations and its Impact on the Federal Balance
(Arun Sagar/Essay)
(Arun Sagar/Essay)
... This paper argues that the general interpretative philosophy underlying the judicial approach has a huge impact on the balance of power in a federation; an originalist interpretation tends to favour the ...
... function that the original item holds in the specific context. Forms On-line forms have been designed in order to associate labels to their controls, ...
These are the Essays or original research articles recently published on Perspectives on Federalism. ...
... around the world will contribute to this initiative, and we have provided a simple and immediate way to submit an essay, a review article or a note. Perspectives on Federalism will publish original ...
... behaviour. Authors ensure that their work is entirely original works, properly acknowledging when the work and/or words of others have been used. Any form of plagiarism is unacceptable. Also submitting ...