Routledge Handbook of Subnational Constitutions and Constitutionalism

Routledge Handbook of Subnational Constitutions and Constitutionalism
Author: Patricia Popelier
Publisher: Routledge
Total Pages: 501
Release: 2021-09-21
Genre: Law
ISBN: 1000406687

This handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term ‘multilevel constitutionalism’, recognized as explaining how a supranational European constitution can exist alongside those of the Member States, is now used to capture dynamics between constitutions at the national, subnational and, where applicable, supranational levels. Broad in scope, the book encompasses many different types of multi-tiered systems world-wide to map the possible meanings, uses and challenges of subnational or state constitutions in a variety of political and societal contexts. The book develops the building blocks of an explanatory theory of subnational constitutionalism and as such will be an essential reference for all those interested in comparative constitutional law, federalism and governance.

The Routledge Handbook of Subnational Constitutions and Constitutionalism

The Routledge Handbook of Subnational Constitutions and Constitutionalism
Author: Patricia Popelier
Publisher:
Total Pages: 336
Release: 2021
Genre: Law
ISBN: 9781003052111

This handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term 'multilevel constitutionalism', recognized as explaining how a supranational European constitution can exist alongside those of the Member States, is now used to capture dynamics between constitutions at the national, subnational and, where applicable, supranational levels. Broad in scope, the book encompasses many different types of multi-tiered systems world-wide to map the possible meanings, uses and challenges of subnational or state constitutions in a variety of political and societal contexts. The book develops the building blocks of an explanatory theory of subnational constitutionalism and as such will be an essential reference for all those interested in comparative constitutional law, federalism and governance.

The Constitution of Western Australia

The Constitution of Western Australia
Author: Alan Fenna
Publisher: Springer Nature
Total Pages: 218
Release: 2023-06-16
Genre: Law
ISBN: 9819931819

This book provides the first comprehensive introduction to, and enquiry into, the rules of Western Australia’s (WA) system of government. The WA Constitution is not well known or understood ― or even easy to identify ― and this book provides an essential guide. It brings academic expertise and careful scholarship to the exploration of sometimes complex constitutional issues in a way that will be invaluable for those with specialist interest in constitutional law and government while also being engaging and accessible for a wider audience. In doing so, it combines authorial expertise from constitutional law and political science — something essential to a well-rounded understanding of the simultaneously legal and political nature of a Constitution.

Constitutional Law and Politics of Secession

Constitutional Law and Politics of Secession
Author: Antoni Abat i Ninet
Publisher: Taylor & Francis
Total Pages: 283
Release: 2023-07-31
Genre: Law
ISBN: 1000919315

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.

Handbook on Global Constitutionalism

Handbook on Global Constitutionalism
Author: Anthony F. Lang, Jr.
Publisher: Edward Elgar Publishing
Total Pages: 477
Release: 2017-10-27
Genre: Law
ISBN: 1783477350

This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.

Dynamic Federalism

Dynamic Federalism
Author: Patricia Popelier
Publisher: Routledge
Total Pages: 303
Release: 2021-03-09
Genre: Law
ISBN: 1000359220

This book offers a new theory of federalism. The work critically discusses traditional federal theories and builds on theories that focus on the dynamics of federalism. It offers a definition of federalism and federal organizations that encompasses both new and old types of multi-tiered system. Unlike traditional federal theory, it is well-suited to research both multinational and mononational systems. It also takes into account the complexity of these systems, with bodies of governance at the local, regional, national, and supranational level. The book is divided into three parts: the first part outlines the contours of dynamic federalism, based on a critical overview of traditional federal theory; the second part develops comprehensive indexes to measure autonomy and cohesion of multi-tiered systems; and the third part focuses on the dynamics of federal organizations, with a special focus on institutional hubs for change. Dynamic Federalism will be an essential resource for legal, social, economic, and political scholars interested in federalism, regionalism, and de/centralization.

Handbook of Comparative Political Institutions

Handbook of Comparative Political Institutions
Author: Adrian Vatter
Publisher: Edward Elgar Publishing
Total Pages: 539
Release: 2024-10-03
Genre: Political Science
ISBN: 180392909X

This comprehensive Handbook presents a broad range of theoretical, methodological and empirical perspectives on the comparative study of political institutions. Exploring cutting-edge developments in the field, it provides new insight into the significant diversity and impact of political institutions across space and time. This title contains one or more Open Access chapters.

International Encyclopaedia of Laws

International Encyclopaedia of Laws
Author: André Alen
Publisher:
Total Pages: 0
Release: 2001
Genre: Law
ISBN: 9789041116932

Comparative constitutionalism has always been an important field of study. Recently it has gained new importance, and practical urgency, with the advent of new, emerging democratic governments. As part of the study of comparative constitutionalism, federal constitutional systems have also recently taken on a renewed interest. Russia and South Africa present fascinating current examples of emerging federal systems in which sub-national constitutions are beginning to play an important role. Within the field of comparative federal constitutional law, though, The study of state or sub-national constitutions is only now becoming a major focal point of worldwide interest. Sub-national constitutions have been, and generally remain, low-visibility constitutions. Studies of constitutional federalism have tended to be almost exclusively top-down looks at the national constitution and its federal features rather than a bottom-up look at the national constitutions themselves. A system of constitutional federalism cannot be fully understood without analyzing the constitutional arrangements within the constituent units. The marketplace For The constitutional ideas generated in the laboratories of states within the federal systems is rapidly expanding worldwide. There are several dozen bona fide federal political systems in the world, As well as unitary political systems that include federal arrangements. There is a range of general questions to be asked about the constitutions of states within any federal system. The contributions to this volume, In addition to their intrinsic interest, should serve as a database for answering those questions and describing the extraordinary diversity within and among sub-national constitutions in federal systems. Moreover, each of the contributions will include the texts of a number of representative sub-national constitutions. This Volume is also an integral part of Constitutional Law in the International Encyclopaedia of Laws series, ISBN 90-6544-944-2.

Constitutional Identity and Constitutionalism in Africa

Constitutional Identity and Constitutionalism in Africa
Author: Charles M Fombad
Publisher: Oxford University Press
Total Pages: 353
Release: 2024-05-22
Genre: Law
ISBN: 0198906307

This book in the Stellenbosch Handbooks in African Constitutional Law series provides a critical analysis of existing paradigms, concepts, and normative ideologies of modern African constitutional identity.

Constitutionalism in the Global Realm

Constitutionalism in the Global Realm
Author: Poul F. Kjaer
Publisher:
Total Pages: 0
Release: 2014
Genre: Law
ISBN: 9781317804796

This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.