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Asymmetries, Courts, and Comparative Constitutional Law
This book explores constitutional asymmetries in divided multi-tiered systems as a dynamic constitutional model to accommodate ethnocultural diversity through a comparative analysis of 12 constitutional systems from both the Global North and the Global South. It offers a unique integrated analysis of asymmetries as designed by the constitutional orders and interpreted by courts. The book contributes to the comparative constitutional scholarship on asymmetric federalism, providing for not only a qualitative but also a quantitative assessment of asymmetries. It combines traditional doctrinal and case-law analysis with emerging methodological approaches to legal research, such as empirical legal studies and decolonial comparative law.
The Mimetic Evolution of the Court of Justice of the EU
This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.
The Making and Ending of Federalism
This compilation, The Making and Ending of Federalism, includes the main topics addressed by recognized experts on federalism at the Conference of the International Association of Federal Studies (IACFS) held in Innsbruck, Austria, on 28-30 October 2021. It analyzes how federal and quasi-federal systems are created and if there are common patterns or certain conditions that promote the emergence or the demise of federal systems, including case studies from Brazil, Spain, and Italy.
A Global Law of Diversity
This book provides a global perspective on the accommodation of diversity within constitutional traditions, considering the most innovative approaches and legal instruments of the Global North and Global South. This field of study, traditionally dominated by a Global North approach based on majority-minority and rights-based discourse, is undergoing significant development. The work thus assesses the appropriateness of the existing mainstream theoretical tools and concepts – in particular minority and minority-related concepts as well as rights discourse – to grasp the ongoing evolution of this field of law. A reconsideration of the traditional conceptual categories and the introduction ...
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