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The relationship between EU law and national constitutional law,
including constitutional law in federalism matters, has been
subject to an ongoing scholarly debate. Beyond Federal Dogmatics
contributes to this debate in two ways. Stef Feyen argues for an
approach to constitutional law that goes beyond the classic,
"dogmatic") understanding of constitutional case law regarding
federalism as expounded in Belgian academia. Building on that
basis, he sets out to rethink the framework within which the
connection between EU law and national constitutional law can be
understood. The analysis delves into the relationship, and
sometimes tension) between rule-of-law values, which may serve as
checks upon instrumental forms of reasoning) and the toolbox
deployed in constitutional court case law to accommodate several
rather pragmatic needs."
Comparative constitutionalism has always been an important field of
study. It has gained new importance, and practical urgency with the
advent of emerging democratic governments. As part of the study of
comparative constitutionalism, federal constitutional systems have
also taken on a renewed interest at the beginning of the 21st
century. Russia and South Africa present fascinating examples of
emerging federal systems in which sub-national constitutions are
beginning to play an important role. Within the field of
comparative federal constitutional law, though, the study of state
or subnational constitutions is only just becoming a major focal
point of world-wide interest. Sub-national constitutions have been,
and generally remain, low-visibility constitutions. Studies of
constitutional federalism have tended to be almost exclusively
top-down looks at the national constitution and its federal
features rather than a bottom-up look at the national constituions
themselves. A system of constitutional federalism cannot be fully
understood without analyzing the constitutional arrangements within
the constituent units. The marketplace for the constitutional ideas
generated in the laboratories of states within the federal systems
is rapidly expanding worldwide. There are several dozen bona fide
federal political systems in the world, as well as unitary
political systems that include federal arrangements. There is a
range of general questions to be asked about the constitutions of
states within any federal system. The contributions to this volume,
in addition to their intrinsic interest, should serve as a database
for answering those questions and describing the extraordinary
diversity within and among subnational constitutions in federal
systems. Moreover, each of the contributions include the texts of a
number of representative sub-national constitutions.
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