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Most traditional federal theory remains rooted in the notion that asymmetrical constitutional arrangements within a state structure are somewhat exceptional. According to contemporary federal theory, however, ...
... be found in the theory of the environmental commons (henceforth, simply “commons”). To do this, we will first identify five core points characterising the new environmental justice approach of the ...
... parliaments. In theory, at least, the EU sets ideal conditions for fulfilling an authentic collective parliamentary dimension, instrumental to the democratic oversight of the executives. Instead, focusing ...
This paper evaluates the second-generation theory (SGT) of fiscal federalism. It spells out the main arguments of the theory and discusses the fiscal architecture of Nigerian federalism with a view to ...
... question. Intergovernmentalist theory posits that it is sufficiently legitimised, indirectly, by the member state governments. Constructivist research, on the other hand, suggests that socialisation might ...
... question. Intergovernmentalist theory posits that it is sufficiently legitimised, indirectly, by the member state governments. Constructivist research, on the other hand, suggests that socialisation might ...
7. The past, present and future of the EU's federal experience
(Francisco Pereira Coutinho & Martinho Lucas Pires/Editorial)
... renewed discussion of European integration. It was also an opportunity for discussing the EU through the lens of “federalism”, i.e. to look at it from the perspective of federal theory and / or through ...
In constitutional theory, the referendum is an instrument that allows for the expression of the popular will in government decisions and through which people are asked to vote directly on an issue or policy. ...
... domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global ...
The paper deals with the validity of constitutional pluralism as a constitutional theory for the European Union and a paradigm for the understanding of EU law in the current times of crisis. It reconstructs ...
11. Which Governments Come Out Ahead?
(William M. Myers and Davia Cox Downey/Essay)
Party capability theory assumes that governments, due to their immense resources and status as repeat players, hold a great advantage over individuals and organizations pursuing litigation in courts. Less ...
... to the constitution privilege bargaining and intertwined policy-making as modes of conflict resolution and thus support grand coalitions. In this paper I will explore whether this theory can explain constitutional ...
This contribution studies the question of governmental accountability in the crisis. It looks at how three Member State’s parliaments – French, German and Spanish– have exchanged on European Council meetings ...
14. How Can We Define Federalism?
(John Law/Essay)
... be overlooked. The article confronts the problem by reviewing what the social science theory of concepts teaches for the construction of methodologically sound definitions of concepts. It employs the insights ...
Comparative constitutional scholarship identifies sub-national constituent power as one of the defining features of federal systems. Moreover, according to public choice theory, devolutionary federal systems ...
... While widely regarded as obsolete in current legal theory and rarely applied in the national legal system, it is once again gaining momentum thanks to the second “wave” of Regional Statutes and the greater ...
17. Rethinking (EU) citizenship
(Giuseppe Martinico/Review article)
... has been reconceived over the years, we decided to propose a multidisciplinary itinerary where scholars interested in political and legal theory, EU, international and constitutional law produced a contribution ...
... of liberal democratic citizenship (sect. 0). Combining political history and theory, the present paper looks backwards to the debate between Carl Schmitt and Hans Kelsen in 1920s Weimar over the fate of ...
Economics is based on the assumption that the only administrative and juridical relevant framework of both theory and policy is the nation-State. We claim that such methodological nationalism is detrimental ...
... federalism theory as theory of regional integration, and it is concluded, that federalism theory indeed is a fruitful approach when analyzing regional integration projects both within and outside Europe. ...
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