Asymmetry, Multinationalism and Constitutional Law
Asymmetry, Multinationalism and Constitutional Law

Author: Maja Sahadžić

Publisher: Routledge

Published: 2020-09-02

Total Pages: 293

ISBN-13: 1000173208

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This book examines the link between constitutional asymmetry and multinationalism and the effects asymmetry produces on legitimacy and stability in federal and quasi-federal systems. This is done through a structured and exhaustive comparative analysis, covering states in Africa, America, Asia, and Europe. Contrary to traditional federal theory, contemporary scholars have linked constitutional asymmetry with multinational federal systems, by presenting asymmetry as a mechanism for diversity management. This book offers insights on whether and how constitutional asymmetry is linked with multinationalism and looks into the socio-economic, cultural-ideological, historical, and separatist factors that support the emergence of asymmetries. The work also provides a legal analysis of whether constitutional asymmetry is a condition or a threat to legitimacy and stability in federal systems. The book will be essential reading for academics, researchers, and policy-makers in law and political science interested in the fields of constitutional law, federal theory, multinationalism, and minorities.

Constitutional Asymmetry in Multinational Federalism
Constitutional Asymmetry in Multinational Federalism

Author: Patricia Popelier

Publisher: Springer

Published: 2019-02-18

Total Pages: 526

ISBN-13: 3030117014

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This edited volume examines the link between constitutional asymmetry and multinationalism in multi-tiered systems through a comprehensive and rigorous comparative analysis, covering countries in Europe, Africa and Asia. Constitutional asymmetry means that the component units of a federation do not have equal relationships with each other and with the federal authority. In traditional federal theories, this is considered an anomaly. The degree of symmetry and asymmetry is seen as an indicator of the degree of harmony or conflict within each system. Therefore symmetrisation processes tend to be encouraged to secure the stability of the political system. However, scholars have linked asymmetry with multinational federalism, presenting federalism and asymmetry as forms of ethnical conflict management. This book offers insights into the different types of constitutional asymmetry, the factors that stimulate symmetrisation and asymmetrisation processes, and the ways in which constitutional asymmetry is linked with multinationalism.

Constitutional Law and Politics of Secession
Constitutional Law and Politics of Secession

Author: Antoni Abat i Ninet

Publisher: Taylor & Francis

Published: 2023-07-31

Total Pages: 283

ISBN-13: 1000919315

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This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

Federalism and Constitutional Law
Federalism and Constitutional Law

Author: Erika Arban

Publisher: Routledge

Published: 2021-05-09

Total Pages: 274

ISBN-13: 1000385574

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This volume examines the relationship between central government and local institutions, taking Italy as a case study to present a comparative perspective on how the Italian experience has influenced the global developments of federal and regional states. As the country with the longest standing regional system, Italy has a lot to tell countries that are dealing with similar issues in present times. Adopting a theoretical/analytical approach coupled with comparative analysis, this volume critically reflects on the changes brought to the Italian system of government by the reform of Title V of the Italian constitution, the reasons why further decentralisation has been resisted and offers a comparative overview of the place and contributions that the Italian experience has brought to the global debate on regionalism and federalism. The book is divided into two parts: Part I distils the essence of the evolution of Italian regionalism and the respective debate before and after 2001. While focusing on Italy, the various chapters situate it within the global framework of discussion. Part II reflects on how the Italian regional constitutional architecture contributes to the global debate, particularly focusing on the main innovations brought about by constitutional reform. The book will be essential reading for researchers, academics and policy-makers working in the areas of constitutional law and politics, and federalism. Chapters 5 and 8 of this book are freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781003104469

Ethnic Diversity, Plural Democracy and Human Dignity
Ethnic Diversity, Plural Democracy and Human Dignity

Author: Mario Krešić

Publisher: Springer Nature

Published: 2022-04-25

Total Pages: 279

ISBN-13: 3030979172

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“Given their ethnic diversity, to what extent, and at what cost and benefit to human dignity, can European countries adopt and adapt plural democracy?” The contributors to this volume offer answers to this question from a variety of multidisciplinary perspectives within the framework of the integral theory of law and the state. Their shared aim is to explain legal phenomena in the context of other relevant issues and to identify, analyse and critique conceptualizations, problems and situations. This volume is rooted in the historical and contemporary European experience with special cases from Bosnia and Hercegovina, Croatia, Latvia, Slovenia, Spain and Canada which are relevant for understanding the European problem. Solutions to the problem are sought through innovative interpretations of the rule of law, democracy and human dignity, which are followed by argumentation about how these concepts, when recognized as European legal principles, can be implemented in order to avoid ethnic conflicts. Following an introduction that defines the problem at the centre of the book and explains how legal theory can be used to address it, the book consists of eleven contributions divided into three thematic sections. The first covers topics concerning the European principles which can help avoid ethnic conflicts: the principle of compulsory adjudication in interstate relations, the principle of democracy, and principles regarding the recognition of individual and collective identities. These European principles are then investigated by drawing on legal and political theories. The second section presents three ways of conceptualizing ethnical needs in multi-ethnic states: asymmetric federalism, dêmoicratic account and cooperative federalism. The third and final section elaborates on issues concerning the protection of minority rights: the role of judicial ideology in protecting minority rights, citizenship, the EU mechanism for the protection of minority rights, and the importance of remembering tragic events affecting minorities.

Accommodating Diversity in Multilevel Constitutional Orders
Accommodating Diversity in Multilevel Constitutional Orders

Author: Maja Sahadžić

Publisher: Taylor & Francis

Published: 2023-07-19

Total Pages: 262

ISBN-13: 1000909492

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This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

Defensive Federalism
Defensive Federalism

Author: Ferran Requejo

Publisher: Taylor & Francis

Published: 2022-09-16

Total Pages: 197

ISBN-13: 1000645592

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Defensive Federalism presents an original contribution to the field of federalism and multinational democracies, exploring the concept of defensive federalism as a protection of self- government against the "tyranny of the majority". The empirical evidence on federal and regional polities often shows critical imbalances in the territorial division of powers beyond what has been formally established in the constitutional rules. This volume highlights the rights, institutions, decision- making processes and procedural rules that can protect and develop the practical political, economic and cultural powers of federated and regional entities, especially those linked to territorial national minorities. The authors focus on federalism as a safeguard of self- rule, as well as a set of institutional and procedural rules to avoid the territorial dimension of the "tyranny of the majority". They answer two fundamental questions: how is it possible to design new stable and fairer federal agreements between national minorities and majorities where there is no single ideal solution? Is there a need for a new kind of "defensive federal model" for approaching national pluralism in liberal democracies? This book will be of great interest to students and scholars of federalism, national diversity and democracy, as well as policymakers and practitioners in both public and private institutions. Chapter 8 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution 4.0 license available at http://www.taylorfrancis.com

Multinational Federalism
Multinational Federalism

Author: Alain-G Gagnon

Publisher: Springer

Published: 2015-12-17

Total Pages: 543

ISBN-13: 1137016744

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A collection of state of the art reflections by fourteen leading experts in the field of multinational federalism. Seymour and Gagnon have gathered contributions from philosophers, political scientists and jurists dealing with the accommodation of peoples in countries like Belgium, Canada, Europe, Great Britain, India and Spain.

Italian Regionalism and the Federal Challenge
Italian Regionalism and the Federal Challenge

Author: Erika Arban

Publisher: Springer Nature

Published: 2023-06-26

Total Pages: 204

ISBN-13: 303131543X

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This monograph thoroughly illustrates the debate on federalism and regionalism as it emerged in Italy in the years preceding the unification of 1861 and then again in the early 1990s, a debate mainly centred on the deep socio-economic differences between the North and the South of the country. Torn between centripetal and centrifugal forces, the Italian regional model implemented with the 1948 constitution and strengthened in 2001 provokes questions that intersect with topical debates engaging scholars globally, potentially stimulating comparative discussions. While the future of Italian regionalism remains unclear, the Italian regional model combines lessons coming from different theoretical experiences, including federalism, sub-state nationalism, and the European unification process, representing a novel experiment fashioned by those who were looking for a compromise between unitary and federal schemes.