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Cities in Federal Constitutional Theory
The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.
Italian Regionalism and the Federal Challenge
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.
Cities in Federal Constitutional Theory
The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.
Federalism and Constitutional Law
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 co...
Routledge Handbook of Constitutional Law in Greater China
The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the rel...
City, State
"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--
The Canadian Contribution to a Comparative Law of Secession
This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.
Constitutional Law and Politics of Secession
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...
European Yearbook of Constitutional Law 2022
The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This fourth volume of the EYCL addresses the underexplored and contentious topic of whether the EU possesses a constitutional identity of its own. To date, the main focus of scholarship and case law concerns the constitutional identities of the Member States of the EU. This is because the EU has to respect such identities according to article 4(2) TEU. The attention for Member States’ constitutional identities stands in stark contrast to the notion ...
The Principle of Equality in Diverse States
This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.
