... executive branch or the judiciary have been rather neglected in the literature. This paper will examine the extra-legislative functions of second chambers which include Austria, Belgium, Germany, Italy, ...
This special issue publishes a number of conference papers presented at the conference ‘Representing Regions, Challenging Bicameralism’ that took place on 22 and 23 March 2018 at the University of Innsbruck, ...
Legislative functions of federal second chambers are not a homogeneous set of powers, but require comparison and classification. First, the paper will examine the legislative functions of the second chambers ...
24.
Beyond Second Chambers: Alternative Representation of Territorial Interests and Their Reasons
(Francesco Palermo/Essay)
(Francesco Palermo/Essay)
The paper contends that bicameral systems, irrespective of their differences in composition and powers, are unfit to represent territorial interests in the national decision-making process, except in some ...
25.
The referenda for more autonomy in Veneto and Lombardia: constitutional and comparative perspectives
(Erika Arban/Essay)
(Erika Arban/Essay)
In a global context where popular referenda are increasingly used to decide contested issues, this paper aims at exploring the framework in which, in October 2017, two referenda took place in the Italian ...
26.
The Second-Generation Theory of Fiscal Federalism: A Critical Evaluation
(John Boye Ejobowah/Essay)
(John Boye Ejobowah/Essay)
This paper evaluates the second-generation theory (SGT) of fiscal federalism. It spells out the main arguments of the theory and discusses the fiscal architecture of Nigerian federalism with a view to ...
27.
Socialisation and legitimacy intermediation in the Council of the European Union
(Kamil Ławniczak/Essay)
(Kamil Ławniczak/Essay)
... disturb the relaying of positions from the national to the supranational level, as the former approach implies. This paper aims to explore these issues, in particular related to representation and consensus. ...
28.
The voting systems in the Council of the EU and the Bundesrat – What do they tell us about European Federalism?
(Jacek Czaputowicz and Marcin Kleinowski/Essay)
(Jacek Czaputowicz and Marcin Kleinowski/Essay)
... greater power compared to their populations than smaller federal units in the German Bundesrat. The results presented in this paper indicate that the Lisbon system of voting in the Council differs significantly ...
29.
The role of the Capital Markets Union: towards regulatory harmonisation and supervisory convergence
(Sérgio Coimbra Henriques/Essay)
(Sérgio Coimbra Henriques/Essay)
... disturb the relaying of positions from the national to the supranational level, as the former approach implies. This paper aims to explore these issues, in particular related to representation and consensus. ...
30.
The implementation of EU law by national administrations: Executive federalism and the principle of sincere cooperation
(Rui Tavares Lanceiro/Essay)
(Rui Tavares Lanceiro/Essay)
This paper explores the similarities between the EU’s system of administrative implementation of its legislative acts, and the German and American systems of administrative implementation of their respective ...
31.
Differentiated integration contingent on objective ability: a federalist critique
(Samo Bardutzky/Essay)
(Samo Bardutzky/Essay)
This article is inspired by the 2017 discussions on the future of Europe (in particular some of the ideas debated in the White Paper on the Future of Europe, published by the European Commission) and the ...
32.
The past, present and future of the EU's federal experience
(Francisco Pereira Coutinho & Martinho Lucas Pires/Editorial)
(Francisco Pereira Coutinho & Martinho Lucas Pires/Editorial)
... its substantive and formal dimension. This issue of Perspectives on Federalism includes papers presented in conferences organized at Warsaw University in June 2016 and at Lisbon Nova Law School on May ...
33.
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)
... International Association of Constitutional Law. This special issue collects some of the papers presented on that occasion. ...
34.
The Spanish vision of Canada’s Clarity Act: from idealization to myth
(Francisco Javier Romero Caro/Essay)
(Francisco Javier Romero Caro/Essay)
... The emphasis tends to be made on the quantitative clear majority test, disregarding other factors. Hence, the aim of this paper is to study the causes of this deification of the Clarity Act in Spain, and ...
35.
Constitutional Judges and Secession. Lessons from Canada … twenty years later
(Irene Spigno/Essay)
(Irene Spigno/Essay)
... Over the last decades, the referendum has been the instrument used by minority groups to claim their independence supported by popular will. This paper examines trends in constitutional jurisprudence on ...
36.
The Canadian Living Tree Doctrine as a Comparative Model of Evolutionary Constitutional Interpretation
(Leonardo Pierdominici/Essay)
(Leonardo Pierdominici/Essay)
This paper starts with a general contextualisation of how Canadian constitutional law acquired an important role in global constitutional conversations in recent decades. It then considers, in particular, ...
The paper focuses on Canadian Provinces’ role in migrant selection. After an asymmetric approach, that benefited only Quebec, the federal government granted devolutionary powers in migrant selection to ...
38.
Provincializing Constitutions: History, Narrative, and the Disappearance of Canada’s Provincial Constitutions
(Peter Price/Essay)
(Peter Price/Essay)
... in Canada and subsumed by the “mega-constitutional” politics of the federal constitution. This paper examines provincial constitutions to highlight the significant reorientation of constitutional scholarship ...
39.
Canadian Federalism in Design and Practice: The Mechanics of a Permanently Provisional Constitution
(James A. Gardner/Essay)
(James A. Gardner/Essay)
This paper examines the interaction between constitutional design and practice through a case study of Canadian federalism. Focusing on the federal architecture of the Canadian Constitution, the paper ...
40.
The Interpretive Function of the CJEU and the Interrelationship of EU and National Levels of Consumer Protection
(Geraint Howells and Gert Straetmans/Essay)
(Geraint Howells and Gert Straetmans/Essay)
This paper analyses the ways in which the Unfair Contract Terms and Unfair Commercial Practices Directives try to steer a path between imposing a common European standard and allowing national variation. ...