Judicial federalism has generally been neglected by scholars in comparative federalism. However, this topic is quite relevant for a proper understanding of the distribution of competences in a federal ...
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 ...
In order to understand the true essence of the existing federal structure in India, it is very much required that there should be a proper understanding of the events and circumstance which led to its ...
For a long time considered, improperly, a sort of ‘nuclear’ option, Article 7 TEU is the key EU Treaty provision in the field of values enforcement. In the context of the Union’s current rule of law crisis, ...
5.
“Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU
(Sergio Dellavalle/Essay)
(Sergio Dellavalle/Essay)
... are vested with executive power are qualified in their function because of their allegedly higher competences, “bottom-up” legitimacy always presupposes that only citizens can properly decide on their ...
6.
Austerity on the loose in Portugal: European judicial restraint in times of crisis
(Francisco Pereira Coutinho/Essay)
(Francisco Pereira Coutinho/Essay)
... Portuguese courts either failed to properly identify the EU law acts that were the source of national austerity measures or disregarded their role as common EU law courts of ordinary jurisdiction when ...
7.
The Establishment of Metropolitan Cities in Italy: An Advance or a Setback for Italian Regionalism?
(Giovanni Boggero/Essay)
(Giovanni Boggero/Essay)
... of the Regions, metropolitan cities, due to their ambivalent nature, still lack any propulsive thrust and face the risk of being marginalized until a consistent legal framework for their proper funding ...
... a solidarity role it should and has to play, in addition to giving the EU the means to properly address current and future challenges. ...
9.
Deferential dialogues between the Court of Justice and domestic courts regarding the compatibility of the EU Data Retention Directive with (higher?) national fundamental rights standards
(Ioana Pelin-Raducu/Essay)
(Ioana Pelin-Raducu/Essay)
... fundamental rights. For the judicial dialogue to function properly, both the Court of Justice and constitutional courts should show “deference” to each other's sensitivities in light of the principle of ...
10.
Early warning and regional parliaments: in search of a new model. Suggestions from the Basque experience
(Josu Osés Abando/Essay)
(Josu Osés Abando/Essay)
... and confidence. The Basque Chamber has not limited itself to express a “yes-or-no”-opinion, but has tried to make specific contributions for improving the proper performance of the provisions of Protocol ...
Which is the meaning of constitutional review for a proper assessment of subnational constitutionalism? The essay tries to answer this question by means of comparative analysis. To do so, it considers ...
12.
The transfer of State Property to Regions and Local Authorities within the Italian Fiscal Federalism Reform
(Filippo Scuto/Essay)
(Filippo Scuto/Essay)
The present article examines the process concerning the transfer of State Property to Regions and Local Authorities, recently introduced in Italy pursuant to Decree 85/2010. The transfer of State owned ...
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... 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 ...
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