Routledge Handbook Of Subnational Constitutions And Constitutionalism
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| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| Author | : Robert F. Williams |
| Publisher | : Oxford University Press |
| Total Pages | : 513 |
| Release | : 2023-05-05 |
| Genre | : |
| ISBN | : 0190068809 |
The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decision making. This edition of The Law of American State Constitutions remains an important analytical tool that explains the unique character and the range of interpretive approaches to these constitutions. It covers the structure of state governments under state constitutions as well as the distribution of powers among the legislative, executive, and judicial branches. Like the first edition, this edition presents a complete picture of state constitutional law and the attributes and features that make this body of law so distinctive.
| 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.
| Author | : Eduardo Grin |
| Publisher | : Editora Appris |
| Total Pages | : 231 |
| Release | : 2024-08-07 |
| Genre | : Political Science |
| ISBN | : 6525062969 |
This book is the result of a collective re¬flection among scholars from 8 federations and decentralized countries (Argentina, Australia, Brazil, Canada, Ethiopia, Germany, Italy, Mexico) who sought to update approaches and arguments on federalism in a post-COVID-19 scenario. On one hand, the pandemic highlighted the importance of federalism to deal with complex intergovernmental problems. On the other hand, federations also faced challenges to coordinate different spheres of government. The pandemic has allowed intense learning about the potential and limits of multilevel governance and federal arrangements in addressing emergencies and crises whose effects spread throughout the country. Regarding contemporary challenges such as climate emergency and democratic backsliding, which take on particular contours in federal, quasi-federal, and decentralized countries, the book offers insightful thoughts for scholars and practitioners. Federalism and federal countries can be pivotal in this debate due to their form of territorial division of power. This volume seeks to contribute to these discussions based on thoughts grounded on different national settings. The volume is organized in 16 chapters that contemplate essential topics on federalism and federations, based both on theoretical refl¬ections and empirical research. The chapters were mainly organized to offer for the authors a comparative perspective between the international debate and the Brazilian context. The book covers central issues such as federalism and institutional forms, federalism and democracy, federalism and de/centralization, managing interdependences and intergovernmental relations, federalism and ethnic diversity and federalism and challenges for the welfare state. Although this book is subject to the scrutiny of time, in line with changes in federations themselves, both organizers and authors aspire to provide ongoing debates with insightful contributions on Federalism and Democracy in Brazil and Beyond. This book is an essential reading for students and scholars of federalism, intergovernmental relations, multilevel governance and comparative politics.
| Author | : Bertus de Villiers |
| Publisher | : BRILL |
| Total Pages | : 311 |
| Release | : 2024-03-04 |
| Genre | : Law |
| ISBN | : 9004691693 |
The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.
