1.
Self-rule vs. Shared Rule: The Design and Evolution of Federal Institutions in Colombia
(Kent Eaton/Essay)
(Kent Eaton/Essay)
... two hybrid configurations generates two distinct but related theoretical puzzles. First, why did the 1991 constitution simultaneously empower Colombia’s constituent units with self-rule only to disempower ...
... some fragmentation has taken place, with sub-state competences related to several aspects of the judicial organisation, and a regularly used leeway for Communities and Regions to establish administrative ...
... as ‘classic models’ of ‘judicial federalism’, namely the United States and Germany. This is related to the particularities of Latin American constitutionalism in general, and Argentine constitutionalism ...
4.
The Iraqi Federation and the Kurdistan Regional Government: the conflict between communal and oil and gas policies
(Adriano Dirri/Essay)
(Adriano Dirri/Essay)
... in their interplay, which permeates the whole Iraqi constitutional experience. The 2005 Iraqi Constitution embodies specific but vague dispositions related to the ownership and the ‘management’ of oil ...
5.
Federalism in post-conflict states: Assessing Somalia's challenges and the way forward
(A.Y.S. Ali, A.H. Dahir and Z.D. Hersi/Essay)
(A.Y.S. Ali, A.H. Dahir and Z.D. Hersi/Essay)
The prime objectives of this study are to examine the perceptions and attitudes of Somalis toward federalism, as well as the challenges related to its adoption. The study gathered data via a self-administered ...
6.
Subnational constitutions between asymmetry in fundamental rights protection and the principle of non-discrimination: a comparison between Belgium (Charter for Flanders) and Switzerland
(Matteo Monti/Essay)
(Matteo Monti/Essay)
... rights related to (sub)national identities. The paper analyses how cantonal constitutions in the Swiss Confederation protect cultural fundamental rights and how the project of the Flemish Charter promotes ...
7.
Environmental subsidiarity in the EU: or halfway to green federalism?
(Tiago de Melo Cartaxo/Essay)
(Tiago de Melo Cartaxo/Essay)
... are still a reality, as a margin of discretion persists for Member States, aimed at maintaining a high level of decentralisation, particularly where issues related to national policies and more (nation) ...
Discussions regarding the functional design of second chambers in federal or quasi-federal systems seem to focus mainly on legislative functions. Thus, extra- or non-legislative functions related to the ...
9.
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. ...
10.
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. ...
11.
Women’s rights and minorities’ rights in Canada. The challenges of intersectionality in Supreme Court jurisprudence
(Valentina Rita Scotti/Essay)
(Valentina Rita Scotti/Essay)
After a discussion of the impact of the principle of equality, entrenched in the Charters approved in Canada since the 1867 British North American Act, this essay then focuses on the related Supreme Court’s ...
... electorate have not been effectively translated into policy.This article uses the Greek crisis to analyse the EU’s democratic deficit, and the related issue of the locus of legal and political sovereignty ...
13.
Implication of Federalism in ‘Federal’ Related Political Institutions: A Conceptual Analysis
(John O. Kalu and Dov Bing/Essay)
(John O. Kalu and Dov Bing/Essay)
... of federalism in federal related political institutions, by exploring the conceptual distinctions between related terms such as federalism, federation, federal government, federal political systems, confederation, ...
... their possible advantages and drawbacks: 1) a simplified system based only on a resource related to gross national income; and 2) the introduction of new genuine own resources and the possible elimination ...
15.
Solidarity in the European Union in Times of Economic Crisis
(Jerónimo Maillo and Justo Corti/Editorial)
(Jerónimo Maillo and Justo Corti/Editorial)
... crisis but tackles other related fields such as its impact on services of general economic interest or the European budget, as well as other areas where solidarity is also discussed such as the free movement ...
... beyond the wording of the Treaty, and the increasing criticism stimulated by this evolution. In reviewing the main relevant issues and critical viewpoints related to the European Council, some aspects ...
17.
The “Arab Spring” and the EU’s “Democracy Promotion” in Egypt: A Missed Appointment?
(Tommaso Virgili/Essay)
(Tommaso Virgili/Essay)
... solemnly proclaimed. This failure is due to a mix of factors, partly related to the way the EEAS was conceived, and partly to wrong political choices. In my analysis, I will rely mostly on official documents ...
18.
Thinking ahead of disasters. The role of risk regulation in the European Union
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... a specific issue of disaster management: given the low probability of high impact disasters, it is difficult to assess related risks, so their regulation involves balancing different rights and interests ...
19.
EU Citizenship before the CJEU: On the importance of the application of the proportionality principle
(Carmen Román Vaca/Essay)
(Carmen Román Vaca/Essay)
... is related to public policy issues are particularly sensitive due to their constitutional identity concerns. The approach for the comparison in this paper consists in finding and measuring ‘pathologies’ ...
20.
Constitutional Interpretation in Federations and its Impact on the Federal Balance
(Arun Sagar/Essay)
(Arun Sagar/Essay)
... in federalism-related issues than they do in other areas of constitutional law, such as fundamental rights ...