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Burgess Michael (ed.). Constitutional Dynamics in Federal Systems: Sub-National Perspectives. McGill-Queen's University Press,2012. — 352 p.. 2012

Providing a comprehensive view of the constitutional architecture of federations, contributors address change and development in federal states from the standpoint of constitutional revision and reform. Oftentimes change comes from the constituent units that together form a federation. With this in mind, political scientists and legal scholars from across Europe and North America address three important questions. First, what is the scope of national space - the range of discretion and autonomy in constitutional design and development - that is available to the sub-national units in federal system? Second, to what extent have the sub-national units occupied the constitutional space available to them? Third, what have been the effects of constitutional initiatives by sub-national units within their constitutional space on national constitutional development (vertical federalism), on constitutional development in other sub-national units (horizontal federalism), and on political development within their own borders? A comparative, interdisciplinary approach to constitutionalism in federal systems, this volume will be of particular interest to scholars studying federalism, comparative politics, public law, and political development.

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Contents
To Marie-Louise and to Susan
Preface
Acknowledgments
CONSTITUTIONAL DYNAMICS IN FEDERAL SYSTEMS
1 Introduction: Sub-national Constitutionalism and Constitutional Development
MICHAEL BURGESS AND G. ALAN TARR
Among the most important factors affecting the success and survival of federal states is their capacity to respond to change and to the challenges associated with it.
DEFINING SUB-NATIONAL CONSTITUTIONALISM
CONSTITUTIONAL FEDERALISM FROM A SUB-NATIONAL PERSPECTIVE
ESTABLISHING AND MAINTAINING THE SCOPE OF THE SUB-NATIONAL CONSTITUTIONAL SPACE
SUPERVISION OF SUB-NATIONAL CONSTITUTIONAL CHOICES
PRE-EMPTION OF SUB-NATIONAL CONSTITUTIONAL CHOICES
REVIEW OF SUB-NATIONAL CONSTITUTIONAL CHOICES
FACTORS AFFECTING THE SCOPE OF SUB-NATIONAL C ONSTITUTIONAL SPACE
THE USE OF SUB-NATIONAL CONSTITUTIONAL SPACE
CONSEQUENCES OF THE USE OF SUB-NATIONAL CONSTITUTIONAL SPACE
THE ESSAYS IN THIS VOLUME
PART ONE Sub-national Constitutionalism in Territorially Based Federations
2 State Constitutions and American Political Development
JOHN J. DINAN
Although American constitutional development is often understood as encompassing the drafting, amendment, and interpretation of the US Constitution, this represents only part, and not necessarily the most important part, of the story, because of the prominent role played by the fifty state constitutions.
THE PROMINENCE OF STATE CONSTITUTIONALISM IN US POLITICS
POLITICAL CHANGES ACHIEVED THROUGH STATE CONSTITUTIONAL PROCESSES
CONSEQUENCES OF STATE CONSTITUTIONAL VITALITY FOR AMERICAN POLITICAL DEVELOPMENT
3 Legislative Competences, Budgetary Constraints, and the Reform of Federalism in Germany from the Top Down and the Bottom Up
ARTHUR B. GUNLICKS
INTRODUCTION
AN OVERVIEW OF THE GERMAN FEDERAL SYSTEM
THE CONCEPT OF DUAL FEDERALISM
THE DIVISION OF LEGISLATIVE POWERS
ADMINISTRATION OF FEDERAL LAWS
CONSIDERATIONS OF REFORM
FEDERALISM REFORM I: THE REFORM OF DUAL FEDERALISM AND POLITIKVERFLECHTUNG?
THE GOAL OF REDUCING MUTUAL BLOCKADES AND RE-DESIGNATING CONSENT LEGISLATION
FEDERALISM REFORM II: A REAL FINANCE REFORM?
GENERAL ASSESSMENT
CONCLUSION
4 Sub-national Constitutions andthe Federal Constitution in Austria
PETER BUßJÄGER
INTRODUCTION: THE AUSTRIAN FEDERATION AND ITS AUTONOMOUS LÄNDER
CONSTITUTIONAL AUTONOMY IN AUSTRIA
CHANGE AND DEVELOPMENT IN AUSTRIAN STATE CONSTITUTIONS
CONSTITUTIONAL REFORMS ON THE FEDERAL LEVEL: A NEVER-ENDING STORY?
REFORMING AUSTRIA’S FEDERAL SYSTEM: AT THE HEART OF THE WORK OF THE GRAND COALITION?
CONCLUSIONS
PART TWO Sub-national Constitutionalism in Multinational Federations
5 Bosnia-Herzegovina: Trying to Build a Federal State on Paradoxes
JENS WOELK
INTRODUCTION
INTERNATIONAL IMPOSITION RATHER THAN DOMESTIC LEGITIMACY OF THE CONSTITUTION
THE BOSNIAN FEDERAL GEOMETRY: THREE PEOPLES, TWO STRONG ENTITIES, ONE WEAK CENTRE
POWER SHARING BASED ON ETHNIC SOVEREIGNTY LEADING TO “ETHNIC DEMOCRACY”
STATIC VERSUS DYNAMIC ELEMENTS IN THE (RE-) CONSTRUCTION OF THE STATE
CONTINUOUS INTERNATIONAL INTERVENTION AS A SUBSTITUTE FOR DOMESTIC LEGITIMACY?
REFORMING DAYTON (F) OR OVERCOMING DAYTON?
IMPOSING CHANGE INSTEAD OF CREATING LOCAL OWNERSHIP
THE PARADOX OF EUROPEAN INTEGRATION: CREATING AN EFFICIENT STATE AND QUESTIONS ABOUT THE DAYTON SYSTEM
THE DEPENDENCE OF INTERNAL CHANGE ON COORDINATED EXTERNAL SUPPORT
6 New Constitutions for All Swiss Cantons: A Contemporary Challenge
NICOLAS SCHMITT
To read and to study a cantonal constitution currently appears as a hobby, a kind of rare and even eccentric pastime. Andreas Auer1
PRELIMINARY REMARKS
HISTORICAL REVIEW
THE NECESSITY OF REDRAFTING CANTONAL CONSTITUTIONS
THE FORMAL LEGAL FRAMEWORK
THE SMOOTHNESS OF THE GUARANTEE PROCESS
THE CURRENT SITUATION
A GLANCE AT THE NEW CONSTITUTIONS
CONCLUSION
7 The Constitutional and Institutional Autonomy of Communities and Regions in Federal Belgium
PATRICK PEETERS
INTRODUCTION
RESIDUAL POWERS AS THE BASIS FOR CONSTITUTIONAL AUTONOMY OF THE MEMBER STATES: SOME COMPARATIVE ELEMENTS
THE BELGIAN COMMUNITIES AND REGIONS, THE ABSENCE OF CONSTITUTIONAL AUTONOMY, AND ASYMMETRICAL INSTITUTIONAL DEVELOPMENTS
THE ABSENCE OF CONSTITUTIONAL AUTONOMY FOR THE COMMUNITIES; “CONSTITUTIVE AUTONOMY” FOR THE MOST IMPORTANT COMMUNITIES AND REGIONS
TOWARDS CONSTITUTIONAL AUTONOMY OF THE COMMUNITIES AND THE REGIONS?
8 Canada: Federal and Sub-national Constitutional Practices
GERALD BAIER
INTRODUCTION
THE STATUS AND NATURE OF PROVINCIAL CONSTITUTIONS
PROVINCIAL CONSTITUTIONS AND STATE CONSTITUTIONALISM
CONCLUSION
PART THREE Constitutional Development in Territorially Decentralized States
9 Quiet Devolution: Sub-state Autonomy and the Gradual Reconstitution of the United Kingdom
STEPHEN TIERNEY
INTRODUCTION
UNITED KINGDOM DEVOLUTION IN HISTORICAL PERSPECTIVE
IMPACT OF DEVOLUTION ON THE UNITED KINGDOM CONSTITUTION
AD HOC DEVOLUTION: CONTINUING IMPLICATIONS FOR THE UNITED KINGDOM CONSTITUTION
CONCLUDING REMARKS: THE REFERENDUM AND THE PROCESS OF CONSTITUTIONAL CHANGE
10 Spain’s Constitution and Statutes of Autonomy: Explaining the Evolution of Political Decentralization
CARLES VIVER
The Spanish Constitution of 1978 has not been reformed during its thirty years of existence, apart from one minor retouch in 1992 to recognize the right of nationals of European Union member states to vote in local authority elections.
THE DIFFICULTIES IN REFORMING THE SPANISH CONSTITUTION
THE STATUTES OF AUTONOMY AND THEIR REFORM AS A PRIVILEGED PROCEDURE FOR SPECIFYING AND ADAPTING THE CONSTITUTIONAL SYSTEM OF TERRITORIAL POWER DISTRIBUTION
SPECIFICATION, REFORM, AND ADAPTATION FUNCTIONS ATTRIBUTED TO THE STATUTES OF AUTONOMY
THE STATUTES OF AUTONOMY AS REGULATIONS AGREED ON BETWEEN THE CENTRAL GOVERNMENT AND CENTRAL INSTITUTIONS AND THE AUTONOMOUS COMMUNITIES
THE REAL INFLUENCE OF THE AUTONOMOUS COMMUNITIES AND OF THE CENTRAL GOVERNMENT AND PARLIAMENT IN REFORMING STATUTES OF AUTONOMY
OTHER BOTTOM-UP PROCESSES OF CHANGE IN THE STRUCTURE OF TERRITORIAL POWER
BOTTOM-UP REFORMS AND ASYMMETRY
11 Italy: A Federal Country without Federalism?
FRANCESCO PALERMO
INTRODUCTION
THE ITALIAN CONSTITUTION AND THE INVENTION OF THE ASYMMETRIC REGIONAL STATE: “ORDINARY” AND “SPECIAL” REGIONS
RECENT CONSTITUTIONAL REFORMS
THE IMPLEMENTATION OF REFORM
POST-2006 DEVELOPMENTS: THE UNCHANGED CONSTITUTION AND THE BALANCING ROLE OF THE CONSTITUTIONAL COURT
OUTSOURCING FEDERALISM IN A POLITICAL VACUUM: CONCLUDING REMARKS
PART FOUR Supranational Constitutionalism and Constitutional Futures in Europe
12 Member State Constitutions in the European Union
ANNELI ALBI
INTRODUCTION
OVERVIEW OF THE STATE OF PLAY IN THE EU: AMENDMENTS IN NATIONAL CONSTITUTIONS
REASONS BEHIND THE VARIABLE STANDARDS OF CONSTITUTIONAL REVISION
SOVEREIGNTY AND EU MEMBERSHIP: LIMITS SET TO THE TRANSFER OF POWERS AS SET BY CONSTITUTIONAL COURTS
NATIONAL CONSTITUTIONS AND THE IDEA OF A EUROPEAN CONSTITUTION
THE ROLE OF NATIONAL CONSTITUTIONS IN SHAPING CONSTITUTIONALISM AT THE EU LEVEL
13 Sub-national Units, Member States, and the European Union
ORNELLA PORCHIA
INTRODUCTION
FRAMEWORK: SOME BASIC EUROPEAN PRINCIPLES
TOP-DOWN PRESSURES (DESCENDING PHASE)
BOTTOM-UP PRESSURES (ASCENDING PHASE)
THE INVOLVEMENT OF NATIONAL AND REGIONAL PARLIAMENTS IN EU POLICY-MAKING
THE NETWORK DIMENSION
CONCLUSION
Contributors
Index
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