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units' constitutional arrangements as an alternative to the reforms of the federal constitution. Looking at the case of … Spanish model of federalism and others. This is done through the study of the initiation of the Catalan reform process, its …
Persistent link: https://www.econbiz.de/10013151208
The common perception that Montesquieu is not a major theorist of federalism is due both to the peripheral nature of … his account of confederate republics and his praise of the unitary British Constitution in the Spirit of the Laws. This … study challenges this view by arguing that, despite his endorsement of the separation of powers, Montesquieu had serious …
Persistent link: https://www.econbiz.de/10013151253
It does not follow from the supposition that the union is beneficial that its terms would go unchallenged by its members. The argument in this article suggests that federal stability (robustness) requires for itself a well-functioning democratic process, which satisfies a fairly restrictive...
Persistent link: https://www.econbiz.de/10013151260
As the U.S. Supreme Court imposes federalism-based limits on congressional power under the Commerce Clause and Section …
Persistent link: https://www.econbiz.de/10012777693
Measurement of both federalism and decentralization has been contentious. We introduce three new indicators reflecting … important aspects of both federalism and decentralization. The three new indicators are the result of principal component … evidence that it is important to distinguish between federalism and decentralization, if one is interested in ascertaining …
Persistent link: https://www.econbiz.de/10012957173
constitution. The principle of subsidiarity suggests that the more localities and regions vary from each other, either in terms of …
Persistent link: https://www.econbiz.de/10012868153
formalist reading of the Constitution, whose Vesting Clauses permit only Congress to make law and the President only to execute … resulting violation of the separation of powers, while pretending as a matter of doctrine that no violation occurs.This Article … the undermining of the separation of powers. Accepting delegation as a matter of doctrine allows us to delineate the …
Persistent link: https://www.econbiz.de/10012969381
This paper examines the foundations of the Italian Constitutional Court's authority by comparing it with that of the German Federal Constitutional Court. In comparison to the German Court, la Corte had to build its authority on a particularly weak legal basis. However, it succeeded in developing...
Persistent link: https://www.econbiz.de/10012850456
The so called Fiscal Compact signed by 25 out of 27 EU member states requires the states to transpose the treaty's rules that limit the annual structural deficit and the general government debt “through provisions of binding force and permanent character, preferably constitutional” (Art. 3,...
Persistent link: https://www.econbiz.de/10013052458
Persistent link: https://www.econbiz.de/10013055906