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Normative and Institutional Dimensions of Rights’ Adjudication Around the World

Abstract

The implications of incommensurability for rights’ adjudication tend to be overlooked in much of contemporary constitutional theory. This paper criticizes the dominant “one right-answer” approach to conflicts of rights, and develops an alternative approach that is better suited to constitutional rights’ adjudication in contemporary pluralistic legal orders. It is submitted that the normative reasons for having courts undertake the value-choices implicit in constitutional rights’ adjudication, and for preferring certain legal methodologies over others, must reflect the role of courts in resolving social disputes in the light of specific aspects of the economic, social, and legal life of the polities in which those courts operate. It is further argued that any theory that builds from this approach needs to answer two inter-related questions: when is constitutional rights’ adjudication by courts appropriate, and how rights’ adjudication should be pursued.

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A ‘second youth’ for the EU Speakers’ Conference? A critical appraisal of its ‘quasi-constitutional’ role

Abstract

The EU Speakers’ Conference has experienced a ‘second youth’ after the entry into force of the Treaty of Lisbon by playing a ‘quasi-constitutional’ role in inter-parliamentary cooperation, and in particular by trying to exercise a rule-making function over the many inter-parliamentary venues of the EU’s system of government. The fulfilment of such a function has certainly not been made any easier as a consequence of the constitutional constraints surrounding the positions of the Speakers and Presidents of the European and Member States’ (MS) Parliaments, with a considerable variety in terms of powers and decision-making capacity among the MS and the EU. Despite these limitations, the ‘quasi-constitutional’ role of the EU Speakers’ Conference has mainly consisted of approving guidelines, if not directly rules of procedure, for other inter-parliamentary venues. It has also been argued that the coordinating function of the EU Speakers’ Conference can be much more effective when looking at its ‘quasi-constitutional’ role, and also in its function of joint parliamentary scrutiny in the EU, if it is aimed at enhancing the rational organisation of inter-parliamentary activities in terms of timing, agendas and ex-post supervision of the results, in the absence of any other possible alternative to the Speakers’ leadership.

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Sub-national constitutional politics: contesting or complementing, replicating or innovating, traditional constitutionalism?

Abstract

This special issue of Perspectives on Federalism collects papers mostly presented at the General Conference of the European Consortium of Political Research in September 2014. The issue contains five papers dealing with the role, the status, the dynamics, and the functions of sub-national constitutional politics and sub-national constitutionalism in a number of member states of the EU as well as in a comparative, non-EU perspective. Even though the papers take different perspectives on the topic at hand, they all engage with the contribution sub-national constitutions can make to democracy and the nationstate within as well as outside of Europe.

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An Opportunity for Reflection – A Special Issue on “The Constitution of Canada: History, Evolution, Influence and Reform”

Abstract

Canada is and will for the foreseeable future be a peaceful and prosperous liberal democracy whose Constitution Act, 1867, now 150 years old as of 2017, has become a model for the modern world. The Constitution of Canada has exerted considerable influence on other countries, particularly since the coming into force of its Constitution Act, 1982, which included the celebrated Canadian Charter of Rights and Freedoms. Just as Canada drew from foreign and international experiences in drafting its Charter, the world has learned a great deal from Canada, not only as to rights protections but also as to the separation of powers, the judicial function, and the structure of government.

In light of these impressive achievements, an international symposium on the Canadian Constitution was held in Pisa at the Scuola Sant’Anna under the auspices of the Sant’Anna Legal Studies project and with the support of the DIRPOLIS (Law, Politics and Development) Institute at the Scuola Sant’Anna, the Canadian Embassy in Italy, and the International Association of Constitutional Law. This special issue collects some of the papers presented on that occasion.

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Comparativism and the New Hungarian Fundamental Law – Taking Raz Seriously

.03.2016. Smits, Jan M. Comparative Law and its Influence on National Legal Systems. In Reimann, Mathias – Zimmermann, Reinhard (ed). The Oxford Handbook of Comparative Law . Oxford: Oxford University Press, 2006, pp. 477–512. Raz, Joseph. Between Authority and Interpretation: On the Theory of Law and Practical Reason . Oxford: Oxford University Press, 2009. Rehnquist, William H. Foreword. In Jackson, Vicki C., Tushnet, Mark (ed). Defining the Field of Comparative Constitutional Law. Westport-London: Praeger, 2002, pp. vii–ix. Sulyok, Márton. Értelem és

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Representing Regions, Challenging Bicameralism: An Introduction

References Baldwin Nicholas D.J. and Shell Donald (eds), 2002, Second Chambers, Frank Cass, London. Bradley Anthony W. and Pinelli Cesare, 2012, ‘Parliamentarism’, in Rosenfeld Michel and Sajó András (eds), The Oxford Handbook of Comparative Constitutional Law, Oxford University Press, Oxford, 650-670. Coakley John, 2014, ‘The Strange Revival of Bicameralism’, The Journal of Legislative Studies, XX(4): 542-572. Luther Jörg, Passaglia Paolo and Tarchi Rolando (eds), 2006, A World of Second

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The Canadian Living Tree Doctrine as a Comparative Model of Evolutionary Constitutional Interpretation

Social World , Clarendon Press, Oxford. • Goldsworthy Jeffrey, 2000, ‘Interpreting the Constitution in Its Second Century’, Melbourne University Law Review , XXIV: 677-710. • Grimm Dieter, 2011, ‘Constitutional Adjudication and Constitutional Interpretation: Between Law and Politics’, National University of Juridical Sciences Law Review , IV: 15-29. • Hirschl Ran, 2014, Comparative Matters: The Renaissance of Comparative Constitutional Law , Oxford University Press, Oxford. • Hogg Peter W., 2007, Constitutional Law of Canada , vol. II, 5th

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The Continuity of the Constitutions: The Examples of the Baltic States and Georgia

)]. Chevallier Jean-Jacques, Histoire des institutions et des régimes politiques de la France de 1789 à 1958 (Dalloz 2001). Cielava Valdis, ‘Latvijas Satversme: vēsture un mūsdienas’ (1989) 76 Cīņa [Cielava, Valdis ‘Latvian Constitution: history and present’ (1989) 76 Fight]. Elkins Zachary, Ginsburg Tom, Melton James, The Endurance of National Constitutions (Cambridge University Press 2009). Ginsburg Tom, ‘Constitutional endurance’ in Tom Ginsburg, Rosalind Dixon (eds) Comparative Constitutional Law ( Edward Elgar 2011

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Constitutional Judges and Secession. Lessons from Canada … twenty years later

, Milano. • Locke John, 1982, Due trattati sul governo e altri scritti politici , Pareyson Luigi (ed), Utet, Torino. • Mancini Susanna, 2012, ‘Secession and Self-Determination’ in Rosenfeld Michel and Sajó András (eds), The Oxford Handbook of Comparative Constitutional Law , Oxford University Press, Oxford, 481-501. • Margiotta Costanza, 2005, L’ultimo diritto. Profili storici e teorici della secessione , Il Mulino, Bologna. • Miglio Gianfranco and Barbera Augusto, 1997, Federalismo e secessione. Un dialogo , Mondadori, Milano. • Morel

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Legislative Functions of Second Chambers in Federal Systems

References Baldwin Nicholas D.J., 2001, ‘Concluding Observations’, in Baldwin Nicholas D.J. and Shell Donald (eds), Second Chambers, Frank Cass, London, 171-180. Bradley Anthony W. and Pinelli Cesare, ‘Parliamentarism’, in Rosenfeld Michael and Sajó András (eds), The Oxford Handbook of Comparative Constitutional Law, Oxford University Press, Oxford, 650-670. Bußjäger Peter, 2017, Föderale Systeme, Jan Sramek Verlag, Wien. Gamper Anna, 2005, ‘“Arithmetische” und “geometrische” Gleichheit im Bundesstaat’, in Weber

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