Suchergebnisse

Resisting the transnational -- Convergence with the transnational -- Engagement with the transnational -- Constitutional adjudication in the U.S. Supreme Court : why engage the transnational? -- Engagement, U.S. interpretative theory, and our multifunctional constitutions -- Engaging the transnational : a contextual framework -- Engagement, equality, and older constitutions -- Constitutional particularities, federalism, and the transnational -- Constitutions as mediating institutions, transnational constitutional values and engagement in twenty-first century constitutional interpretation

Within federal structures, citizens in a nested manner can affiliate with both states/provinces (subnational entities) & the national entity, conflict rules designate which citizenship type serves which purpose, & subnational & national governments provide alternative forums for competing claims about citizenship. These structures provide a framework within which to construct multinational citizenship. Conflicts between the concepts of citizenship as identity & as equality, & voting & loyalty issues in multinational citizenship are analyzed, citing experiences with citizenship rules in Western democracies. The benefits of multiple citizenship are weighted against the drawbacks, especially their ability to create intrapolity inequalities & destabilize ethnonationalisms. 93 References. M. Pflum

With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds

Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period