ISSN: 2036-5438
- 1. Fiscal Decentralization in Federal Systems: A Comparative Story of a Principle and its Paradigms
- (Essay)
- Alice Valdeslici The paper endeavors to revise and reframe the traditional categories established in the studies on fiscal federalism. It does so by embracing a comparative constitutional law viewpoint ...
- Created on 25 July 2024
- 2. Energotehnica: Primacy and Effective Judicial Protection Beyond the Rule of Law Crisis
- (Note)
- Orlando Scarcello Case C-792/22, Parchetul de pe lângă Judecătoria Rupea and Others v. MG, Judgment of the Court (First Chamber) of 26 September 2024, ECLI:EU:C:2024:788. The Energotehnica judgment ...
- Created on 04 December 2024
- 3. Mind the Gap Between Federalism and Secession: the Relationship Between Two (In)compatible Concepts
- (Essay)
- Nikos Skoutaris Scholars have often either framed federalism as an alternative to secession (Buchanan 1995) or suggested that secession is incompatible with the federal principle (Jellinek 1905). ...
- Created on 31 July 2024
- 4. Two Western Canadian Provinces Asserting Provincial Sovereignty Seek to Challenge the Fundamentals of Canadian Constitutional Democracy and Order
- (Essay)
- ... regardless of the norms of the Canadian constitution. The Supreme Court of Canada, in a landmark decision in 1999 rejected the claim as a violation of the fundamental unwritten principles of the Canadian ...
- Created on 31 July 2024
- 5. Nurturing Integration through Dialogue: The Role of Courts in Supranational Contexts
- (Essay)
- Allan F. Tatham Taking the Court of Justice of the European Union (especially its procedure of the reference for a preliminary ruling) as providing a suitable model to emulate for courts of other ...
- Created on 25 July 2024
- 6. Loyalty references in the Statutes of Autonomy in Spain: legal or symbolic value?
- (Essay)
- Gonzalo Gabriel Carranza The federal loyalty in Spain is an unwritten constitutional principle that binds the State and the Autonomous Communities in their intergovernmental relations, as well ...
- Created on 30 April 2024
- 7. Independence in the European Union
- (Essay)
- ... regions, first and foremost the right to secede based on the principle of self-determination of peoples. It finishes by discussing the legal paths for the transformation of substate regions into Member ...
- Created on 21 March 2024
- 8. Sub-national Constitutional Law in Argentina: Considerations on the nature and scope of provincial constitutions
- (Essay)
- ... law, through analysing the principle of constitutional autonomy, the distribution of powers between levels of government and the co-sovereignty theory. The article concludes with reflections on Argentina’s ...
- Created on 12 March 2024
- 9. The Functional Federalism of the United Arab Emirates
- (Essay)
- Nisrine Abiad Although only a young federation, the United Arab Emirates is prosperous and well-functioning, and its success set it apart from numerous unaccomplished federal experiments in the ...
- Created on 31 January 2024
- 10. Federalism, political culture and the Question of Remaking Nigeria
- (Essay)
- ... has not abated. Thus, bringing to the fore the question, are the issues affecting the practice of federalism rooted in the structural arrangement or with the attitude of the citizens towards the principles ...
- Created on 18 November 2021
- 11. The future of the EU-ACP relations: possible scenarios after the end of the post-Cotonou negotiations
- (Essay)
- ... issues to be solved during the recently concluded negotiating process. The different proposals on the table to revitalise the partnership are particularly important in this paper: whilst the EU is in principle ...
- Created on 21 January 2021
- 12. Jurisdiction and Pluralisms: Judicial Functions and Organisation in Federal Systems
- (Contents)
- ... powers and the organisation of the judiciary. An important question regards the interrelation with the principle of uniformity of the jurisdiction and the general legal system of the State. According to ...
- Created on 12 December 2020