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This book provides an in-depth guide to researchers and
practitioners who are interested in analyzing the evolution of EU
law from a national and comparative constitutional law perspective.
The volume deals with questions of how EU Member States’
constitutional systems, including the subnational tier, interact
with the supranational level. It maps the evolution over time of
constitutional strategies in the face of multi-level governance and
individuates contextual factors on an empirical basis. The volume
includes twelve national reports written by leading experts in
constitutional and EU law, and in political science. The countries
discussed include the six founding Member States, together with a
selection of Member States in which a clear-cut evolution in the
national constitutional approach towards the EU can be observed.
These include the Czech Republic, Denmark, Hungary, Poland,
Portugal and the United Kingdom. The latter is included as an
“extreme” case in which the change in constitutional strategy
over time has resulted in withdrawing from the Union altogether.
Taken together, the book assembles the building blocks of an
explanatory theory of constitutional strategies in the face of
multi-level governance. The volume will be of interest to students
and researchers in comparative constitutional law, political
science and multidisciplinary EU studies. It will also be a
valuable resource for policy-makers.
This book offers a new theory of federalism. The work critically
discusses traditional federal theories and builds on theories that
focus on the dynamics of federalism. It offers a definition of
federalism and federal organizations that encompasses both new and
old types of multi-tiered system. Unlike traditional federal
theory, it is well-suited to research both multinational and
mononational systems. It also takes into account the complexity of
these systems, with bodies of governance at the local, regional,
national, and supranational level. The book is divided into three
parts: the first part outlines the contours of dynamic federalism,
based on a critical overview of traditional federal theory; the
second part develops comprehensive indexes to measure autonomy and
cohesion of multi-tiered systems; and the third part focuses on the
dynamics of federal organizations, with a special focus on
institutional hubs for change. Dynamic Federalism will be an
essential resource for legal, social, economic, and political
scholars interested in federalism, regionalism, and
de/centralization.
This book offers a new theory of federalism. The work critically
discusses traditional federal theories and builds on theories that
focus on the dynamics of federalism. It offers a definition of
federalism and federal organizations that encompasses both new and
old types of multi-tiered system. Unlike traditional federal
theory, it is well-suited to research both multinational and
mononational systems. It also takes into account the complexity of
these systems, with bodies of governance at the local, regional,
national, and supranational level. The book is divided into three
parts: the first part outlines the contours of dynamic federalism,
based on a critical overview of traditional federal theory; the
second part develops comprehensive indexes to measure autonomy and
cohesion of multi-tiered systems; and the third part focuses on the
dynamics of federal organizations, with a special focus on
institutional hubs for change. Dynamic Federalism will be an
essential resource for legal, social, economic, and political
scholars interested in federalism, regionalism, and
de/centralization.
This handbook provides a toolbox of definitions and typologies to
develop a theory of multilevel constitutionalism and subnational
constitutions. The volume examines systems with subnational
entities that have full subnational constituent autonomy and
systems where subnational constituent powers, while claimed by
subnational governments, are incomplete or non-existent.
Understanding why complete subnational constituent power exists or
is denied sheds significant light on the status and functioning of
subnational constitutions. The book deals with questions of how
constitutions at multiple levels of a political system can co-exist
and interact. The term 'multilevel constitutionalism', recognized
as explaining how a supranational European constitution can exist
alongside those of the Member States, is now used to capture
dynamics between constitutions at the national, subnational and,
where applicable, supranational levels. Broad in scope, the book
encompasses many different types of multi-tiered systems world-wide
to map the possible meanings, uses and challenges of subnational or
state constitutions in a variety of political and societal
contexts. The book develops the building blocks of an explanatory
theory of subnational constitutionalism and as such will be an
essential reference for all those interested in comparative
constitutional law, federalism and governance.
Based on selected papers from the International Association of
Legislation’s 2018 Conference at Antwerp University this book
considers the challenges posed by lawmaking in multi-level
settings. It covers all multi-tiered systems, but a major focus is
on the EU, where the tension between autonomy and efficacy is most
evident. Part I examines the topic at the broadest level, including
all types of multi-tiered systems. Part II focuses on the EU
perspective and Part III on the perspective of the Member States.
The authors are experts in various disciplines as well as
practitioners, ensuring a multi-disciplinary approach.
The Belgian Constitution, once described as a model of consensus
democracy, has now become an enigma in comparative federalism. On
the one hand, it demonstrates features which suggest institutional
instability as well as elements that enhance the probability of
secession. On the other hand, Belgium continues to exist as a
federal system, based upon linguistic bipolarity. This linguistic
bipolarity dominates Belgian politics and has shaped the design of
Belgium's institutions as well as the Constitution's fundamental
organising principles: concepts of federalism, democracy,
separation of powers, constitutionalism and the rule of law. In
this book, the institutional structure and the principles governing
the Belgian constitutional system are explained in the light of its
historical, demographic and political context. Linguistic
bipolarity and its historical evolution explain the establishment
of the Belgian State structure as a dual federalism, with exclusive
powers, instruments for consensus making and obstruction, and
elements of confederal decision making. It also explains the
evolution in the concept of principles of democracy and the rule of
law. Besides describing the devolutionary process, the book also
incorporates two other elements that have shaped the Belgian
constitutional landscape: fundamental rights and Europeanisation.
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