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This paper investigates the complex relationship between asymmetry and the principle of non-discrimination from the perspective of subnational fundamental rights. The research question of this paper concerns ...
... residual cases. What subnational entities seek is participation rather than representation. This is why alternative, executive-based institutions in which also the national government is present are mushrooming ...
... examines how subnational units in Canada actually compete with the central government, emphasizing the concrete strategies and tactics they most commonly employ to get their way in confrontations with ...
4. Article 260 TFEU Sanctions in Multi-Tiered Member States
(W. Vandenbruwaene, P. Popelier and C. Janssens/Essay)
... the central and regional governments involved. After analysing the composition of the financial sanctions, we cover the involvement of subnational entities in the infringements proceedings in six tiered ...
This paper presents the case of Pakistan, which is also broadly illustrative of the issues concerning federalism and subnational empowerment in developing countries characterized by unconsolidated political ...
... framework for comprehensive analysis of subnational constitutions and offers a number of elements for further reflection. ...
7. 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 ...
Although Belgian federated entities do not have constituent power, Flanders has recently envisaged the adoption of a “proto-subnational Bill of Rights”, called the Charter for Flanders. This study briefly ...
... empowerment to establish fully-fledged subnational constitutions and through the active use of that empowerment. The author argues that subnational constitutions, whilst not acting as a panacea, may serve ...
... care, and highlights the crucial constitutional role of the subnational levels of government in preserving social inclusion policies in a context of general welfare retrenchment. ...
11. Crisis, emergency and subnational constitutionalism in the Italian context
(Giuseppe Martinico - Leonardo Pierdominici/Essay)
The aim of this article is to offer an account of the centralization and compression of subnational spaces of autonomy triggered by the economic crisis. Scholars have already produced sound and detailed ...
... can thus help ascertaining the scope of subnational autonomous decision-making, if based on the set of arguments pertaining to efficiency and democratic legitimacy that together construe subsidiarity. ...
13. Subnational multilevel constitutionalism
(Patricia Popelier/Essay)
The embedment of states in a multilevel government environment created by rule-based international organizations, also impacts upon the position of subnational entities in federal and quasi-federal states. ...
This paper analyzes the impact of courts and different systems of judicial review on subnational constitutional autonomy. Focus is put on the question on which interpretive guidelines courts may draw when ...
In this paper I will focus on the role of national common judges (“giudici comuni”) in systems that are not characterized by a dual court system (one of the elements indentified by Gardner as peculiar ...
Foreign affairs have been traditionally seen as an exclusive competence of central governments. However, over the last 30 years, European paradiplomacy has been progressively developing not least because ...
Even though there have been some revaluations of the Länder in the last two decades German debates on federalism hardly take subnational constitutional politics into account. For example, textbooks on ...
Not a single federation has been successful in demarcating the territorial matrix of the federation into ethnically pure subnational units. This includes federations that are primarily designed to accommodate ...
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 ...
... that underlines the reform, the case of Spain is interesting at a more general level to show the pervasive role that regional cultural identity plays in building subnational constitutionalism as a source ...
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