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Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-Determinationoffers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of is...
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A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
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 constitu...
'Wall to Wall: Law as Culture in Latin America and Spain' comprises interventions from a wide array of scholars based in the US, Spain, and Latin America, exploring the encounter of Hispanophone cultures and the law. Its contributors delineate a fraught relationship of complicity, negotiation, and outright confrontation covering five centuries and a truly global landscape, from Inquisitorial processes at the onset of the Spanish Empire to last-ditch plans to preserve it in the 19th century Philippines, to the challenges to contemporary articulations of the nation-state in Catalonia. Beyond single, specialized time-period and national cultures, 'Wall to Wall' embraces and showcases the hetero...
The principal aim of this book is to revisit the basic theme of “unity and diversity” that remains at the heart of research into federalism and federation. It is time to take another look at its contemporary relevance to ascertain how far the bifocal relationship between unity and diversity has evolved over the years and has been translated into changing conceptual lenses, practical reform proposals and in some cases new institutional practices. This book is structured around four main parts: (1) the evolving conception of diversity over time and across continents; (2) the interplay between unity and diversity in complex settings; (3) federalism as decision-making and new institutional practices that have been put forward and tested; and (4) constitutional design and asymmetrical federalism as a way to respond to legitimate and insisting claims and political demands.
Considers (80) S. 1848, (80) S. 1849, (80) S. 1930, (80) S. 1931, (80) S. 1949.
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