... 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 ...
... order and of the techniques for the protection of fundamental rights. This article focuses on the model of judicial federalism that has developed in the United States. How does this particular configuration ...
3.
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 ...
4.
Reimagining Congress's Treaty-Implementing Authority: An Originalist Case for the Unexplored Middle Ground
(Robert A. Flatow/Essay)
(Robert A. Flatow/Essay)
... is either virtually plenary or virtually nugatory. I explore part of the vast middle ground. I assume as true Justice Scalia’s key argument in Bond v. United States, that implementing a treaty cannot be ...
... Spain, Switzerland and the United Kingdom. By grouping the functions into different categories (relations with the Government, appointment functions and functions in the field of international affairs, ...
... of those European states that have a federal or quasi-federal character (Austria, Belgium, Bosnia and Herzegovina, Germany, Italy, Russia, Spain, Switzerland, United Kingdom). Second, the paper addresses ...
7.
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 ...
... are investigated using decisions made by the high courts of Australia, Canada, and the United States. The descriptive findings indicate that institutional arrangements, such as federalism, in some ways, ...
9.
Clarifying Limbo: Disentangling Indigenous Autonomy from the Mexican Constitutional Order
(Ian Flannigan Sprague/Essay)
(Ian Flannigan Sprague/Essay)
... and territorial autonomy of indigenous groups. This paper contrasts the Mexican approach to this problem to that of the United States, first describing Mexico’s 2001’s constitutional reforms and their ...
10.
An Internationally Intelligible Principle: Comparing the Nondelegation Doctrine in the United States and European Union
(Edward Grodin/Essay)
(Edward Grodin/Essay)
This article analyzes the degree of convergence between the United States and the European Union regarding the structural role of administrative agencies. As will be argued, the United States and European ...
... discuss possible designs of a future constitutional settlement in Scotland and the United Kingdom. Notably, I will explore how far the Scottish constitutional tradition might impact on the constitutional ...
12.
Intergovernmental relations in Spain and the United Kingdom: the institutionalization of multilateral cooperation in asymmetric polities
(Víctor Cuesta-López/Essay)
(Víctor Cuesta-López/Essay)
Considering their dynamic and asymmetric character, the Spanish and British territorial constitutions seem particularly suitable for a comparative analysis. As regards the framework for intergovernmental ...
13.
The Role of Subnational Constitutions in Accommodating Centrifugal Tendencies within European States: Flanders, Catalonia and Scotland Compared
(Dirk Hanschel/Essay)
(Dirk Hanschel/Essay)
Looking at federalism (Belgium), quasi-federalism (Spain) and devolution (United Kingdom), this paper shows that regional autonomy of Flanders, Catalonia and Scotland may be strengthened through a strong ...
14.
Riddle Me This, Riddle Me That: Anti-social Behaviour, Vagueness and Judicial Discretion in the United Kingdom
(Eleonora Harris/Essay)
(Eleonora Harris/Essay)
Earlier this year, the UK Parliament passed an Act aimed at redesigning the legislative landscape in the field of anti-social behaviour. It is no secret that, when anti-social behaviour legislation first ...
15.
What Role for Regional Assemblies in Regional States? Italy, Spain and the United Kingdom in Comparative Perspective
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
The article aims to underline firstly the trend towards the homogenization of the subnational forms of governments, at regional level, across regional States, focusing on Italy, Spain and the United Kingdom ...
... both federal systems (the United States and Germany) and regional or autonomic systems (Italy and Spain). The analysis of organs and procedures allows to draw some conclusions: the presence of a system ...
17.
European cooperation in counter-terrorism and the case of individual sanctions
(Giulia Gargantini/Essay)
(Giulia Gargantini/Essay)
... on the implementation within the European Union of the regime of targeted financial sanctions adopted by the United Nations Security Council. The transposition of these measures within the EU uncovered ...
18.
Redefining Parliamentary Sovereignty: The Example of the Devolution Referenda
(Eleonora Harris/Essay)
(Eleonora Harris/Essay)
The goal of this paper is to draw attention to a critical issue regarding the decline in the traditional doctrine of Parliamentary sovereignty in the United Kingdom. Devolution has proven to be a serious ...
19.
One Mountain with Two Tigers- China and the United States in East Asian Regionalism
(Li Xing /Essay)
(Li Xing /Essay)
The article argues that regionalism in East Asia since the end of the Cold War has been largely shaped by the interactions of China-US relations, influencing and determining the development and transformation ...
... much more sceptical. Grand schemes such as a “United States of Africa” are held to be both unrealistic and unhelpful, whereas a more gradualistic approach is deemed to be more constructive and helpful ...