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.
Addressing the limits of autonomy: Origin, organization and purpose of horizontal intergovernmental forums in three federations
(Yonatan Tesfaye Fessha/Essay)
(Yonatan Tesfaye Fessha/Essay)
Horizontal intergovernmental forums that bring together the constituent units of a federation are increasingly common. This article examines the origin, organization and purpose of the premium horizontal ...
3.
The Iraqi Federation and the Kurdistan Regional Government: the conflict between communal and oil and gas policies
(Adriano Dirri/Essay)
(Adriano Dirri/Essay)
... and gas revenue sharing. In addition, other disputes originated over the relationship between the Kurdistan Region and the central government, like the status of Kirkuk, which is strictly connected to ...
4.
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 ...
5.
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 ...
6.
“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 ...
7.
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 ...
9.
Sovereignty and Democracy: Overcoming Supranational Mutual Double-Binds from the Eurozone
(Francesco Pigozzo/Essay)
(Francesco Pigozzo/Essay)
... trap to migratory pressures and security threats, all European crisis are intimately interdependent and long awaited rather than unexpected, since their origins trace back to a lack of reactivity of the ...
10.
Solidarity in the European Union in Times of Economic Crisis
(Jerónimo Maillo and Justo Corti/Editorial)
(Jerónimo Maillo and Justo Corti/Editorial)
... of persons.This monographic issue has its origin in the International Conference “Solidarity in Hard Times. Solidarity and the European Social Model in times of economic crisis” organized by the University ...
11.
Sub-national Constitutionalism in Austria: a Historical Institutionalist Perspective
(Ferdinand Karlhofer/Essay)
(Ferdinand Karlhofer/Essay)
... the way for a sustainable redesign of the federation have been started. The article starts with a historical outline of the Austrian federation’s origins. In what follows, the interplay of formal and ...
12.
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 ...
13.
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, ...
14.
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 ...
15.
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)
... autonomy. Its results, albeit imperfect, are deemed positive so far. Hence, can these exceptional cases present themselves as a model, even if tailored in origin, in the research and consecration of subnational ...
... 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 ...
17.
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 ...
18.
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 ...
19.
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 ...
20.
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 ...