This paper presents the Swiss Ständerat as a model of perfect bicameralism. It looks at the constitutional design of the second Chamber, examines the evolution of the Ständerat and critically assesses ...
... 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, ...
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, ...
24.
History of a (Limited) Success: Five Points on the Representativeness of the Committee of the Regions
(Giuseppe Martinico/Essay)
(Giuseppe Martinico/Essay)
This article briefly explores the reasons why the Committee of the Regions (CoR) has only partially accomplished its representative function. It is divided into three parts. In the first part I argue that ...
25.
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 ...
... of these two components to the activity of parliaments, these analyses are incomplete. The functions and competences of a given second chamber depend on the way it represents pluralism: the weight that ...
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 ...
... of the development of European Social Dialogue, its implementation stages, and past and current challenges, which can be divided in three phases: past experience, present experience and current challenges ...
30.
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. ...
31.
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 ...
32.
Differentiated integration contingent on objective ability: a federalist critique
(Samo Bardutzky/Essay)
(Samo Bardutzky/Essay)
... role. It presents a federalist critique of this development, drawing on the work of Daniel Elazar, discussing the concepts of non-centralization, federal process and federal covenant in the context of ...
33.
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 ...
34.
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. ...
35.
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 ...
36.
Franchises Lost and Gained: Post-Coloniality and the Development of Women’s Rights in Canada
(Charlotte Helen Skeet/Essay)
(Charlotte Helen Skeet/Essay)
... political actors is often presented as a steady linear process, moving forwards from post-enlightenment modernity. This article seeks to disturb this ‘discourse of the continuous,’ by using an analysis ...
37.
The Single Market and Synchronized Mechanisms for the Exercise of Administrative Functions: Converging Pathways or New Pathways for Integration? The Case of the European Banking Union
(Fabio Giglioni/Essay)
(Fabio Giglioni/Essay)
The EBU represents a clear investment in administrative integration with clear implications for the constitutional features of the EU. This paper aims to give an analysis of the administrative arrangements, ...
... the way in which constitutional pluralism came to the fore, the different ways in which the theory was presented, and considers historical criticism it has faced. It then looks at the anomalies that, allegedly, ...
39.
“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 ...
40.
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)
... field, where these mere contacts between the two systems have become intersections and overlaps. The present article will try to shed light on the still unsolved and problematic issues to which overlapping ...