In this article I explore the judicial dimension of federal systems from a subnational perspective. The findings show that regardles of the type of federalism subnational courts of last resort underscore ...
Eight states in Africa that have federal or federal-type government systems and most of these federations emerged in the post-Cold War period. The African federations are in various degrees characterised ...
3.
Jurisdiction and Pluralism: Judicial Functions and Organization in Federal Systems. The Case of Germany
(Dian Schefold/Essay)
(Dian Schefold/Essay)
This article analyses the model of judicial federalism that has developed in the Federal Republic of Germany. As the constitutional history of Germany reveals, federal regulation of the judiciary has often ...
4.
Jurisdiction and Pluralisms: Judicial Functions and Organisation in Federal Systems
(Jens Woelk/Essay)
(Jens Woelk/Essay)
The thematic focus of this issue of Perspectives on Federalism shall analyse phenomena of pluralism in the judiciary of federal systems: ‘Jurisdiction and Pluralisms: Judicial Functions and Organisation ...
5.
Sustainable Agri-Food Systems, Climate Change and CAP Strategic Plans in the ambitious pathways of the EU after the Green Deal
(Andrea Saba/Essay)
(Andrea Saba/Essay)
In December 2019 the EU Commission presented the European Green Deal as directly connected with the Commission’s strategy to implement the United Nation’s 2030 Agenda. More recently, the Communication ...
6.
Can Asymmetrical Constitutional Arrangements Provide an Alternative Answer for the Disputed? Bringing Constitutional Asymmetries into Play in the Middle East Peace Process
(Maja Sahadžić /Essay)
(Maja Sahadžić /Essay)
... recent systems are multi-tiered and multinational, producing asymmetrical responses by default. In addition to suggesting that asymmetrical solutions are often required, this implies that some degree of ...
Food security is a hugely important and complex issue. Such complexity is demonstrated, inter alia, by the lack of a consistent definition of food security under the international policy framework. Of ...
8.
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)
... era: the Anthropocene. The increasing detrimental conditions of most natural ecosystems has elicited the birth in recent decades of a new category of fundamental human rights – strictly coupled with ...
9.
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 ...
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 ...
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 ...
12.
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 ...
13.
Shared Rule vs Self-Rule? Bicameralism, Power-Sharing and the 'Joint Decision Trap'
(Arthur Benz/Essay)
(Arthur Benz/Essay)
... against the encroachments of central legislation into their areas of responsibility. Both functions seem to be best fulfilled in legislative systems requiring joint decisions of legislative chambers. Depending ...
... for passing constitutional amendments, in which second chambers, even in a number of ‘unequal’ bicameral systems, are put on equal footing with first chambers. ...
15.
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)
... for more than half a century. At the same time, the system of double majority is fundamentally different from the assumptions on which voting systems in federal states are based, including in the Bundesrat. ...
16.
The role of the Capital Markets Union: towards regulatory harmonisation and supervisory convergence
(Sérgio Coimbra Henriques/Essay)
(Sérgio Coimbra Henriques/Essay)
... European capital markets. As such, when analysing the legal framework of the CMU, it is important to note that this involves an undertaking which goes beyond the regulation of financial systems, also aiming ...
17.
The implementation of EU law by national administrations: Executive federalism and the principle of sincere cooperation
(Rui Tavares Lanceiro/Essay)
(Rui Tavares Lanceiro/Essay)
This paper explores the similarities between the EU’s system of administrative implementation of its legislative acts, and the German and American systems of administrative implementation of their respective ...
18.
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 ...
19.
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 ...
20.
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 self-rule and shared rule. It is therefore necessary to find out if federalism is an equivalent of all self-rule – shared rule systems of government or not. This requires an effort to locate the implication ...