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International and constitutional law, originally distinct realms with limited areas of intersection, are getting closer and closer, particularly in the European landscape within the human rights protection ...
In Gauweiler v. ECB, the German Constitutional Court referred for the first time a case to the European Court of Justice. The BVerfG openly doubted the legality of the OMT program of the European Central ...
Constitutional politics seemingly corroborate the assumption that Germany is a Grand Coalition state. In this perspective German cooperative federalism and the supermajority required for any amendment ...
... (3). The conclusion will argue that, while the enactment of local government reforms combined with the entering into force of a significant constitutional amendment will increasingly diminish the role ...
... Maastricht Treaty first and to an even larger extent in the Lisbon Treay. Parliaments were hence long dependent on national constitutional, legal and administrative arrangements to be able to participate ...
... 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 ...
7. A New Start for Perspectives on Federalism
(Roberto Castaldi - Giuseppe Martinico/Editorial)
... and constitutional developments in national and supranational contexts. ...
8. Article 260 TFEU Sanctions in Multi-Tiered Member States
(W. Vandenbruwaene, P. Popelier and C. Janssens/Essay)
The question at hand is located at the intersection of EU law and national constitutional law, and aims to answer the following problem: namely, how to mitigate federal concerns in the context of infringement ...
... systems and enhanced constitutionalism. In the course of the analysis, this paper examines the dynamics and determinants of federalist/subnational politics in Pakistan, the formal constitutional and ordinance ...
... dealing with the role, the status, the dynamics, and the functions of sub-national constitutional politics and sub-national constitutionalism in a number of member states of the EU as well as in a comparative, ...
The article analyses constitutional politics in the German Länder in the field of minors’ rights. Since this issue seems a purely legal matter dealt with at the federal, European and international level, ...
... of the federal architecture. In this context, sub-national constitutionalism at first sight appears to be marginal. Astoundingly, though, in recent time a lot of constitutional changes and amendments paving ...
This paper discusses recent developments in Scottish nationalist constitutional thought during the period of 2002 to 2014, showing how the Scottish constitutional conversation has diverged from, but continues ...
... of “politicisation” of the Union. The discussion also considers comparative constitutional data and organic proposal of reform of the institutional architecture of the EU. ...
... undermine other. The article argues that such an outcome is produced by the combined effects of EU and international measures with national constitutional rules and case law, which can confer more or less ...
Giacomo Delledonne, Giuseppe Martinico and Patricia Popelier have edited a symposium collecting some of the papers presented at the latest IACL World Congress in Oslo. The symposium tries to develop a ...
17. Re-exploring subnational constitutionalism
(G. Delledonne - G. Martinico - P. Popelier/Essay)
This special issue of the journal, which collects some of the papers presented at the latest World Congress of the International Association of Constitutional Law in Oslo, is entirely devoted to subnational ...
This paper examines the constitutional morphogenesis of New England and New Zealand to determine the effects on their respective economic development—specifically in terms of economic complexity. New England ...
... from a coherent and transparent central constitutional framework which clearly defines and entrenches the subnational constitutional space and its inherent limitations. ...
Are sub-national constitutional politics shaped by multilevel structures or by sub-national factors? That is the question I am tackling with in this paper. In order to answer this question I will examine ...
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