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)
... 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; ...
2.
The commons: an innovative basis for transnational environmental law in the era of Anthropocene? The case of Latin America
(Domenico Giannino and Antonio Manzoni/Essay)
(Domenico Giannino and Antonio Manzoni/Essay)
The purpose of the present paper is to find a theoretical-legal basis for the recent innovative decisions by the Colombian Supreme Court of Justice and by the Inter-American Court of Human Rights on ...
3.
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)
... constitutions in federal systems. While doing so, the paper focuses on the Swiss experience, looking at the relevant case law of the Swiss Federal Supreme Court and the decisions of the Federal Assembly ...
4.
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 ...
5.
Constitutional Judges and Secession. Lessons from Canada … twenty years later
(Irene Spigno/Essay)
(Irene Spigno/Essay)
... the issue of independence referendums. The birth of this constitutional trend can be found in the 1998 decision by the Supreme Court of Canada in the Reference Re Secession of Quebec. The principles developed ...
6.
The impossible constitutional reconciliation of the BVerfG and the ECJ in the OMT case. A legal analysis of the first preliminary referral of the BVerfG
(Francesco Pennesi/Note)
(Francesco Pennesi/Note)
... of the ECB proposed by the two Supreme Courts in their case-law, and will explain why the legality of the ECB’s activity will be re-examined in the near future. ...
7.
An Internationally Intelligible Principle: Comparing the Nondelegation Doctrine in the United States and European Union
(Edward Grodin/Essay)
(Edward Grodin/Essay)
... power and allows for sufficient judicial review. However, the Supreme Court has taken a more permissive approach than the Court of Justice in defining the limiting principle. The United States has loosened ...
8.
Strengthening state constitutionalism from the federal Constitution: the case of Mexico
(José María Serna de la Garza/Essay)
(José María Serna de la Garza/Essay)
... the standards established in the federal constitution on how electoral processes have to be organized at state level; and c) Decisions of the Supreme Court enforcing the standards established in the federal ...
9.
National Supreme Courts and the EU Legal Order: Building a European Judicial Community through Networking
(Simone Benvenuti/Essay)
(Simone Benvenuti/Essay)
This article discusses the role of national supreme courts in the development of the European legal order, moving from a hierarchical to an interaction account of the relationship between legal systems. ...