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Constitutional Law and Regionalism

Constitutional Law and Regionalism
Author: Vito Breda
Publisher: Edward Elgar Publishing
Total Pages: 304
Release: 2018-09-28
Genre: Law
ISBN: 1783470135

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This topical book analyses the practice of negotiating constitutional demands by regional and dispersed national minorities in eight multinational systems. It considers the practices of cooperation and litigation between minority groups and central institutions in Australia, Britain, Canada, New Zealand, Italy, Spain, and the U.S. and includes an evaluation of the implications of the recent Catalan, Puerto Rican and Scottish referenda. Ultimately, the author shows that a flexible constitution combined with a versatile constitutional jurisprudence tends to foster institutional cooperation and the recognition of the pluralistic nature of modern states


Constitutional Crises and Regionalism

Constitutional Crises and Regionalism
Author: Vito Breda
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2023-08-28
Genre:
ISBN: 9781839107092

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This insightful book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law. Adopting a pragmatic view of regional identity as constantly changing and creating a mistrust of rule by 'others', Breda explores a wide range of case studies, including Hong Kong, Northern Ireland and Quebec, where nationalism and political violence have led to state actions becoming discredited. Particular attention is paid to those concerned with the lingering effects of a colonial past in China. The book demonstrates that constitutional law projects visions of what a society is and wants to be, and argues that less hegemonic perspectives increase the likelihood of cooperation, leading to better outcomes for all citizens. The book will be an informative read for academics and students in comparative public law political scientists, and sociologists interested in nationalism and democracy. It will also aid policy-makers seeking to design stable, effective and inclusive constitutions.


Federalism and Constitutional Law

Federalism and Constitutional Law
Author: Erika Arban
Publisher: Routledge
Total Pages: 274
Release: 2021-05-09
Genre: Law
ISBN: 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


Constitutional Crises and Regionalism

Constitutional Crises and Regionalism
Author: Vito Breda
Publisher: Edward Elgar Publishing
Total Pages: 285
Release: 2023-08-14
Genre: Law
ISBN: 1839107103

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This informative book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law.


Asymmetries in Constitutional Law

Asymmetries in Constitutional Law
Author: Francesco Palermo
Publisher:
Total Pages: 226
Release: 2009
Genre: Law
ISBN: 9788888906508

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Italian Regionalism: Between Unitary Traditions and Federal Processes

Italian Regionalism: Between Unitary Traditions and Federal Processes
Author: Stelio Mangiameli
Publisher: Springer
Total Pages: 411
Release: 2014-06-12
Genre: Law
ISBN: 331903765X

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The object of this book is to describe the institutional modifications of the Italian form of state more than ten years after the review of Title V – Part II of the Italian Constitution – for an audience that goes well beyond the Italian national boundaries. The fifteen essays that make up the book discuss the birth and evolution of the Italian regionalism (including those regions with Special Statutes) as well as reforms of 1999-2001. A particular attention is devoted to the role of autonomy in defining regional statutes, regional forms of government, and regulatory and administrative powers. These are subjects on which there is by now an abundant body of constitutional case law, which is extensively referred to by the chapters. The role of the regions vis-à-vis the local bodies and vis-à-vis the European and international order is also discussed, as the right to negotiate with foreign powers has now been conferred on the regions. Lastly, the volume presents contributions on regional finance and on the new law on fiscal federalism, as well as on regional powers in the area of health and welfare.


The Law of the Land

The Law of the Land
Author: Akhil Reed Amar
Publisher: Basic Books (AZ)
Total Pages: 371
Release: 2015-04-14
Genre: Law
ISBN: 0465065902

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From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.


New Asian Regionalism in International Economic Law

New Asian Regionalism in International Economic Law
Author: Pasha L. Hsieh
Publisher: Cambridge University Press
Total Pages: 297
Release: 2021-12-16
Genre: Law
ISBN: 1108845606

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Provides the first systematic analysis of new Asian regionalism as a paradigm shift in international economic law.


The Oxford Handbook of Comparative Regionalism

The Oxford Handbook of Comparative Regionalism
Author: Tanja A. Börzel
Publisher: Oxford University Press
Total Pages: 705
Release: 2016
Genre: Political Science
ISBN: 0199682305

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The Oxford Handbook of Comparative Regionalism - the first of its kind - offers a systematic and wide-ranging survey of the scholarship on regionalism, regionalization, and regional governance. Unpacking the major debates, leading authors of the field synthesize the state of the art, provide a guide to the comparative study of regionalism, and identify future avenues of research. Twenty-seven chapters review the theoretical and empirical scholarship with regard to the emergence of regionalism, the institutional design of regional organizations and issue-specific governance, as well as the effects of regionalism and its relationship with processes of regionalization. The authors explore theories of cooperation, integration, and diffusion explaining the rise and the different forms of regionalism. The handbook also discusses the state of the art on the world regions: North America, Latin America, Europe, Eurasia, Asia, North Africa and the Middle East, and Sub-Saharan Africa. Various chapters survey the literature on regional governance in major issue areas such as security and peace, trade and finance, environment, migration, social and gender policies, as well as democracy and human rights. Finally, the handbook engages in cross-regional comparisons with regard to institutional design, dispute settlement, identities and communities, legitimacy and democracy, as well as inter- and transregionalism.


Rule of Law and Constitution Building

Rule of Law and Constitution Building
Author: International Idea IDEA
Publisher:
Total Pages: 0
Release: 2014
Genre: Constitutional law
ISBN: 9789187729638

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Regional organizations play an increasingly important role in strengthening and upholding the rule of law. Regional organizations are also increasingly seeking to strengthen constitutional governance in their member states by developing regulatory frameworks that reject and sanction unconstitutional transfers of power and attempts to remain in power unconstitutionally. This publication presents and discusses the initiatives and actions in the field of rule of law and constitution building by regional organizations. It also highlights their achievements, their limitations and the challenges they face, and puts forward policy recommendations for consideration.