Italian Regionalism and the Federal Challenge PDF Download

Author: Erika Arban
Publisher: Springer Nature
ISBN: 303131543X
Category : Political Science
Languages : en
Pages : 204

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Book Description
This monograph thoroughly illustrates the debate on federalism and regionalism as it emerged in Italy in the years preceding the unification of 1861 and then again in the early 1990s, a debate mainly centred on the deep socio-economic differences between the North and the South of the country. Torn between centripetal and centrifugal forces, the Italian regional model implemented with the 1948 constitution and strengthened in 2001 provokes questions that intersect with topical debates engaging scholars globally, potentially stimulating comparative discussions. While the future of Italian regionalism remains unclear, the Italian regional model combines lessons coming from different theoretical experiences, including federalism, sub-state nationalism, and the European unification process, representing a novel experiment fashioned by those who were looking for a compromise between unitary and federal schemes.

Author: Erika Arban
Publisher:
ISBN: 9783031315442
Category :
Languages : en
Pages : 0

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Book Description
This monograph thoroughly illustrates the debate on federalism and regionalism as it emerged in Italy in the years preceding the unification of 1861 and then again in the early 1990s, a debate mainly centred on the deep socio-economic differences between the North and the South of the country. Torn between centripetal and centrifugal forces, the Italian regional model implemented with the 1948 constitution and strengthened in 2001 provokes questions that intersect with topical debates engaging scholars globally, potentially stimulating comparative discussions. While the future of Italian regionalism remains unclear, the Italian regional model combines lessons coming from different theoretical experiences, including federalism, sub-state nationalism, and the European unification process, representing a novel experiment fashioned by those who were looking for a compromise between unitary and federal schemes. Erika Arban is Senior Research Associate in the Laureate Program in Comparative Constitutional Law at Melbourne Law School, Australia. .

Author: Erika Arban
Publisher: Routledge
ISBN: 1000385574
Category : Law
Languages : en
Pages : 274

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Book Description
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

Author: Stelio Mangiameli
Publisher: Springer
ISBN: 331903765X
Category : Law
Languages : en
Pages : 411

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Book Description
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.

Author: Robert Schütze
Publisher: Bloomsbury Publishing
ISBN: 1509907165
Category : Law
Languages : en
Pages : 323

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Book Description
How should political power be divided within and among national peoples? Is the nineteenth-century theory of the sovereign and unitary State still fit for purpose in the twenty-first century? If not, can federalism provide a viable alternative model? This collection looks at federalism from the perspective of constitutional law. Taking the United Kingdom as a case study, Part One tracks the historical evolution of the 'Union' and explores the various expressions of federalism that emerged between the eighteenth and twentieth centuries. Part Two then assesses the experience of sovereignty-sharing with other nations in the context of international cooperation. Drawing on the expertise of the foremost commentators in their field, The United Kingdom and the Federal Idea provides a timely and reflective evaluation of how constitutional authority is being re-ordered within and beyond the United Kingdom.

Author: Soeren Keil
Publisher: Routledge
ISBN: 1000356302
Category : Business & Economics
Languages : en
Pages : 148

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Book Description
Looking at the growing use of federalism and decentralization as tools of conflict resolution, this book provides evidence from several case studies on the opportunities and challenges that territorial solutions offer when addressing internal conflicts within a variety of countries. Federalism has been used as a tool of conflict resolution in a number of conflict situations around the world. The results of this have been mixed at best, with some countries moving slowly to the paths of peace and recovery, while others have returned to violence. This volume looks at a number of case studies in which federalism and decentralization have been promoted in order to bring opposing groups together and protect the territorial integrity of different countries. Yet, it is demonstrated that this has been incredibly difficult, and often overshadowed by wider concerns on secession, de and re-centralization and geopolitics and geoeconomics. While federalism and decentralization might hold the key to keeping war-torn countries together and bringing hostile groups to the negotiation table, we nevertheless need to rethink under which conditions territorial autonomy can help to transform conflict and when it might contribute to an increase in conflict and violence. Federalism alone, so the key message from all contributions, cannot be enough to bring peace – yet, without territorial solutions to ongoing violence, it is also unlikely that peace will be achieved. The chapters in this book were originally published as a special issue of Ethnopolitics.

Author: Alexandra Flynn
Publisher: McGill-Queen's Press - MQUP
ISBN: 0228022347
Category : Law
Languages : en
Pages : 202

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Book Description
In 1861, just a few years before Confederation, 84 per cent of Canadians lived in rural areas; today, it’s less than 20 per cent. Our municipal governments are asked to do more for their citizens than ever before, yet they must confront myriad challenges – from the public health pandemic to the housing crisis – without the tools they need. They have no constitutional protection from jurisdictional overstepping by provincial governments and no assurance that they will be able to complete any effort they undertake. The Past, Present, and Future of Canadian Cities explores the historical functions of municipalities, their current ability to tackle major problems, and what the future holds for shifting legal and political powers. This volume examines how pre-Confederation cities came to have their current constitutional and legislative forms; how current local governments make decisions within existing legal parameters, highlighting Indigenous-municipal relationships and emergency management; and, finally, looks to the world to investigate future innovation in municipal governance. The Past, Present, and Future of Canadian Cities makes the case that constitutional concepts must be repurposed to support the transition from nation-building to city-building in a global context.

Author: Oran Doyle
Publisher: Cambridge University Press
ISBN: 1108967221
Category : Law
Languages : en
Pages : 353

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Book Description
Since the 1950s, European integration has included ever more countries with ever-softening borders between them. In its apparent reversal of integration and its recreation of borders, Brexit intensifies deep-seated tensions, both institutional and territorial, within and between the constitutional orders of the United Kingdom and Ireland. In this book, leading scholars from the UK and Ireland assess the pressures exerted by Brexit, from legal, historical, and political perspectives. This book explores the territorial pressures within the UK constitution, connecting them to the status of Northern Ireland before exploring how analogous territorial pressures might be addressed in a united Ireland. The book also critically analyses the Brexit process within the UK, drawing on Irish comparative examples, to assess unresolved tensions between popular mandate, legislative democracy, and executive responsibility. Through practical application, this book explores how constitutions function under the most intense political pressures.

Author: Stephen Tierney
Publisher: Oxford University Press
ISBN: 0192529560
Category : Political Science
Languages : en
Pages : 353

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Book Description
Federalism is a very familiar form of government. It characterises the first modern constitution-that of the United States-and has been deployed by constitution-makers to manage large and internally diverse polities at various key stages in the history of the modern state. Despite its pervasiveness in practice, this book argues that federalism has been strangely neglected by constitutional theory. It has tended either to be subsumed within one default account of modern constitutionalism, or it has been treated as an exotic outlier - a sui generis model of the state, rather than a form of constitutional ordering for the state. This neglect is both unsatisfactory in conceptual terms and problematic for constitutional practitioners, obscuring as it does the core meaning, purpose and applicability of federalism as a specific model of constitutionalism with which to organise territorially pluralised and demotically complex states. In fact, the federal contract represents a highly distinctive order of rule which in turn requires a particular, 'territorialised' approach to many of the fundamental concepts with which constitutionalists and political actors operate: constituent power, the nature of sovereignty, subjecthood and citizenship, the relationship between institutions and constitutional authority, patterns of constitutional change and, ultimately, the legitimacy link between constitutionalism and democracy. In rethinking the idea and practice of federalism, this book adopts a root and branch recalibration of the federal contract. It does so by analysing federalism through the conceptual categories that characterise the nature of modern constitutionalism: foundations, authority, subjecthood, purpose, design and dynamics. This approach seeks to explain and in so doing revitalise federalism as a discrete, capacious and adaptable concept of rule that can be deployed imaginatively to facilitate the deep territorial variety that characterises so many states in the 21st century.

Author: Cristina Fasone
Publisher: Bloomsbury Publishing
ISBN: 1509957901
Category : Law
Languages : en
Pages : 387

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Book Description
This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation. It explores the premises on which this judicial scrutiny is grounded, seeks to explain the trend, and examines its consequences for representative democracy. The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions. To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It also explores the methodological choices that constitutional judges face when dealing with electoral legislation. This groundwork sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote. The authors critically discuss the varying ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing, and they analyse the effects of judgments on the relationship between courts, representative institutions, and voters. Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work is of interest to academics in the fields of law, political science, and philosophy. It is also relevant for policymakers and judges in constitutional democracies across continents.