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)
Tags: [Canada, judicial federalism, pluralism, separation of powers, Canadian Charter of Rights and Freedoms, Frédéric Bérard, Jean-François Gaudreault-DesBiens, Perspectives on Federalism, 2020] ...
... regard. First, does the structure of the judicial institutions also follow the vertical division of powers between the central and subnational governments? Secondly, given the non-centrist or centrist ...
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)
... the evolution of pluralism within the Canadian Courts, from three different viewpoints: a) the separation of powers; b) the institutions, like Senate reform, Supreme Court composition, and Quebec secession; ...
4.
Jurisdiction and Pluralisms: Judicial Functions and Organisation in Federal Systems
(Jens Woelk/Essay)
(Jens Woelk/Essay)
... powers and the organisation of the judiciary. An important question regards the interrelation with the principle of uniformity of the jurisdiction and the general legal system of the State. According ...
5.
Devolution and Peacebuilding in Kenya, fact or illusion? The case of Marsabit County
(Ibrahim Harun/Essay)
(Ibrahim Harun/Essay)
... of minorities, inclusivity and socio-economic development, are all parts of the wider mosaic of peacebuilding. In Kenya, the devolution of political, fiscal and administrative powers to 47 counties is ...
6.
A ‘second youth’ for the EU Speakers’ Conference? A critical appraisal of its ‘quasi-constitutional’ role
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... of the constitutional constraints surrounding the positions of the Speakers and Presidents of the European and Member States’ (MS) Parliaments, with a considerable variety in terms of powers and decision-making ...
7.
The Secession Issue and Territorial Autonomy in Spain: Bicameralism Revisited
(Alberto López-Basaguren/Essay)
(Alberto López-Basaguren/Essay)
... second thought’, subordinated to the lower House, whose will prevails in the event of discrepancy. It lacks specific powers with regard to territorial autonomy; in spite of this, there has been an attempt ...
8.
Bicameralism in Belgium: the dismantlement of the Senate for the sake of multinational confederalism
(Patricia Popelier/Essay)
(Patricia Popelier/Essay)
Belgium was established in 1830 as a unitary state with a bicameral parliament, with symmetrical powers for the upper and the lower house. While federalism and bicameralism are often considered a pair, ...
... and the distribution of powers between the federal tiers (legislation is dominated by the Bund, execution is dominated by the Länder), German federalism is rightly called ‘executive federalism’. German ...
... powers in relation to the European Union and functions granted to maintain the legitimate constitutional order), their effectiveness in serving the purposes of bicameralism, and of regional representation, ...
11.
The Lesson from the Modern American Federalism: A Challenge to Effective Public Policy Performance
(Geiguen Shin/Essay)
(Geiguen Shin/Essay)
Contemporary U.S. federalism particularly since the late1960s has evolved over the course of pluralism alternating exercisable governmental powers between the federal and state governments. The complexity ...
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 ...
13.
History of a (Limited) Success: Five Points on the Representativeness of the Committee of the Regions
(Giuseppe Martinico/Essay)
(Giuseppe Martinico/Essay)
... part of the article I look at the recent developments that have given the CoR new powers, for instance in light of Art. 263 TFEU in order to defend its own prerogatives and Art. 8 of Protocol No 2 on the ...
14.
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 ...
15.
A Federal Turn? The European Union's Response to Constitutional Crises in the Member States
(Matteo Bonelli/Essay)
(Matteo Bonelli/Essay)
... EU mechanisms and to guarantee to EU institutions, in particular the Court of Justice, more powers to intervene vis-à-vis Member States. However, the current Treaty framework presents a series of obstacles ...
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 ...
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 ...
18.
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 ...
19.
Commanders-in-chief beyond the border: analysing the powers of heads of state in Northern American federalism
(Tiago de Melo Cartaxo/Essay)
(Tiago de Melo Cartaxo/Essay)
Canada and the United States of America are examples of how two constitutional systems in the same region may adopt substantially different solutions in respect of the powers of the head of state. While ...
20.
National parliaments fighting back? Institutional engineering as a successful means to become active actors in EU affairs
(Diane Fromage/Essay)
(Diane Fromage/Essay)
The European integration process has long been characterised by the predominance of national executive powers. National parliaments were recognised as European actors after several decades only, in the ...