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"This book offers a new theory of federalism. The work critically discusses traditional federal theories and builds on theories that focus on the dynamics of federalism. The book offers a definition of federalism and federal organizations that encompass both new and old types of multi-tiered system. Unlike traditional federal theory, it is well-suited to research both multinational and mono-national systems. Also, it takes into account the complexity of these systems, with bodies of governance at the local, regional, national and supranational level. The book is divided in three parts. A first part outlines the contours of dynamic federalism, based on a critical overview of traditional federal theory. The second part develops comprehensive indexes to measure autonomy and cohesion of multi-tiered systems. The third part focuses on the dynamics of federal organizations, with a special focus on institutional hubs for change"--

Preface: a constitution in search of a nation -- Constitutional principles: a historical and sociological account -- The fundamental principles of the Belgian constitution -- Federalism and the multilevel structure of government -- The legislative branch -- The executive power and administration -- The pluralistic judicial system and the constitutional court -- Fundamental rights -- Conclusion: no future for Belgium or a Belgian blueprint for the future?

Belgium : a constitutional strategy in support of European integration-with some potential pitfalls -- France : from progressive acceptance to recent tension -- Germany : basic law and European integration-open but defensive statehood despite a constitutional obligation to EU integration -- Italy : the long-term consequences of an "efficiency" constitutional strategy in the face of multi-level governance -- Luxembourg : an EU-supportive constitutional system (still) in evolution -- The Netherlands : a political commitment to Europe in a pragmatic constitutional culture -- The United Kingdom : the constitutional consequences of ambivalence towards European integration -- Denmark : revisiting the opt-outs in Denmark : a renewed focus on EU integration -- Portugal : a European Union-friendly juridsdiction -- Czech Republic : the tale of two and half presidents, iIdentifying the key discursive struggles which shaped Czech integration -- Hungary : from a friend to a foe? -- Poland : from cautious EU-friendliness to illiberal euroscepticism -- Conclusion : building the founding blocks of a new bottom-up constitutional theory of EU integration.

"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"--

For some time now, the European Court of Human Rights is under substantial pressure. From a case overload crisis it stumbled into a legitimacy crisis with regard to certain countries. This should be taken seriously, since scholars warn that institutions with eroding legitimacy risk demise or reform. The goal of this volume is to explore how widespread this critical attitude of the European Court of Human Rights really is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection. The book is topical and innovative, as these questions have so far remained largely unexplored, especially cross-nationally.Far from focusing exclusively on those voices that are currently raised so loud, conclusions are based on comparative in-depth reports, covering fifteen Contracting Parties and the EU.With contributions of Olgun Akbulut, Tilmann Altwicker, Katarzyna Blay-Grabarczyk, Anna Gamper, Janneke Gerards, Krystyna Kowalik-Banczyk, Sarah Lambrecht, Koen Lemmens, Lubomir Majercík, Giuseppe Martinico, Roger Masterman, Aaron Matta, Christophe Maubernard, Armen Mazmanyan, Katharina Pabel, Eszter Polgári, Patricia Popelier, Clara Rauchegger, Michael Reiertsen and Henrik Wenander

Preliminary Material /Roberta Medda-Windischer and Patricia Popelier --Introduction: The Interrelationship between Independence Movements and Migration within the Framework of the Alleged Dichotomy between Old and New Minorities /Roberta Medda-Windischer and Patricia Popelier --Immigration, Self-Government and Secessionism: The Québec Case /Alain-G. Gagnon and Marc Sanjaume-Calvet --How Secessionist Parties Approach Migration: South Tyrolean Nationalism and the Weight of History /Andrea Carlà --Flemish Pro-independence Parties and Immigrants: Friends or Foes? /Esma Baycan --Migration and Diversity in the Discourse on Basque Sovereignty /Andrea Ruiz Balzola --Identities and Politics in the 2014 Scottish Independence Referendum: The Polish and Pakistani Experience /Neil McGarvey and Gareth Mulvey --Secession and Immigration: An Exploration of Immigrant Views in the Catalan Case /Núria Franco-Guillén and Sergi Esteve i Garcia --The Role of Migrants in the Catalan Independence Process: A Legal Analysis /Guayasén Marrero González --Index /Roberta Medda-Windischer and Patricia Popelier.