Librería Portfolio

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.

Table of Contents





Subnational Constitutionalism: Defining subnational constitutions and self-constituent capacity
Patricia Popelier, Nicholas Aroney and Giacomo Delledonne

Subnational Constitutionalism in Argentina: Provincial autonomy in a uninational federation
Antonio María Hernández

Subnational Constitutionalism in Australia: State autonomy in a uninational federation
Nicholas Aroney

Subnational Constitutionalism in Austria: The pluralization of homogeneity
Anna Gamper

Subnational constitutionalism in Belgium: A matter of abstained maturity
Patricia Popelier

Subnational Constitutionalism in Bosnia and Herzegovina: Towering sub-national autonomy and a loose clamp of the central level to all intents and purposes
Maja Sahadzic

Subnational Constitutionalism in Brazil: The space of state constitutions for improving Brazilian federalism
Marcelo Labanca Corrêa de Araújo

Subnational Constitutionalism in Canada: A hysteretic approach to distinctive constitutional identities
Benjamen Franklen Gussen

Subnational Constitutionalism in Ethiopia: Constitutional déjà vu
Yonatan T. Fessha

Subnational Constitutionalism in Germany: Constitutional autonomy, unitarian federalism, and intertwined policymaking
Werner Reutter

Subnational Constitutionalism in India: Subnational constitutionalism or constitution within the Constitution?
M.P. Singh and Rekha Saxena

Subnational Constitutionalism in Italy: Unfulfilled expectations?
Giacomo Delledonne, Matteo Monti and Giuseppe Martinico

Subnational Constitutionalism in Malaysia: Weak states in a strong federation
Richard Foo and (´HP´) Lee

Subnational constitutionalism in Mexico: Medium state autonomy in a centralized federation
José Ma. Serna de la Garza

Subnational Constitutionalism in South Africa: An empty promise
Nico Steytler

Subnational constitutionalism in Spain: Confluence of wills in a basic institutional norm
Gonzalo Gabriel Carranza

Subnational Constitutionalism in Switzerland: A sleeping beauty awaiting to be kissed
Eva Maria Belser

Subnational Constitutionalism in the United Kingdom: Constitutional statutes within the context of an uncodified constitution
Nikos Skoutaris

Subnational Constitutionalism in the United States: Powerful states in a powerful federation
James A. Gardner

Conclusion: Nine hypotheses to explain variation in subnational constitutional autonomy
Patricia Popelier, Nicholas Aroney and Giacomo Delledonne