Constitutional Asymmetry in Multinational Federalism: Managing Multinationalism in Multi-Tiered Systems

ISBN-13: 9783030117009 / Angielski / Twarda / 2019 / 510 str.

Patricia Popelier; Maja Sahadzic

Spis treści

Chapter 1: Linking constitutional asymmetry with multinationalism: an attempt to crack the code in five hypotheses

Patricia Popelier, Maja Sahadžić

Chapter 2: Asymmetry and Complexity as a Device for Multinational Conflict Management: A country study of constitutional asymmetry in Belgium

Patricia Popelier 

Chapter 3: Mild asymmetry and ethnoterritorial overlap in charge of the consequences of multinationalism: A country study of constitutional asymmetry in Bosnia and Herzegovina

Maja Sahadžić

Chapter 4: Constitutional and non-constitutional asymmetries in the Canada federation: 

an exploration into the policy fields of immigration and manpower training, A country study on constitutional asymmetry in Canada

Alain-G. Gagnon and Jean-Denis Garon

Chapter 5: Constitutional Asymmetry in the People's Republic of China: Struggles for Autonomy under a Communist Party-State, A country study of constitutional asymmetry in China

Jason Buhi

Chapter 6: Federation among unequals, A country study of constitutional asymmetry in Ethiopia

Yonatan T. Fessha and Biniyam N. Bezabih

Chapter 7: Asymmetry as a way to move forward with multi-tiered integration?, A study of constitutional asymmetry in the European Union

Pieter Van Cleynenbreugel 

Chapter 8: Accommodating Diversity, Consolidating Nationhood, A country study of constitutional asymmetry in India

Rajendra Kumar Pandey

Chapter 9: Provincial asymmetry in Indonesia: what is so ‘special’ about it?, A country study of constitutional asymmetry in Indonesia

Simon Butt

Chapter 10: Federalism and Decentralization in Iraq, A country study of constitutional asymmetry in Iraq

Bawar Bammarny

Chapter 11: Irreversibly different, A country study of constitutional asymmetry in Italy

Francesco Palermo and Alice Valdesalici

Chapter 12: Constitutional Asymmetry in Malaysia: A Case Study of Sabah and Sarawak, A country study of constitutional asymmetry in Malaysia

Asri Salleh, Arnold Puyok, Tony Paridi Bagang

Chapter 13: Asymmetry or equality? Ethnic nationalities in a Bamar-dominated state, A country study of constitutional asymmetry in Myanmar

Michael G. Breen

Chapter 14: Subnational empowerment for a cohesive Federation, A country study of constitutional asymmetry in Pakistan

Zubair Shahid, Melanie Gerster

Chapter 15: Constitutional asymmetry in Russia: issues and developments, A country study of constitutional asymmetry in the Russian Federation

Elena Kremyanskaya

Chapter 16: Asymmetry as a device for equal recognition and reasonable accommodation of majority and minority nations, A country study on constitutional asymmetry in Spain

Pau Bossacoma Busquets, Marc Sanjaume-Calvet

Chapter 17: Work in progress, A country study of constitutional asymmetry in the United Kingdom

Brice Dickson

Chapter 18: Conclusion: a country studies-based deliberation on multi-tiered multinational systems

Patricia Popelier, Maja Sahadžić

O autorze

Patricia Popelier is Full Professor at the Faculty of Law, University of Antwerp, Belgium. Her research focuses on federalism and multilevel governance, constitutional review, legislative studies, and issues of legitimacy and legal certainty. She is co-Promoter of the Jean Monnet Centre of Excellence ACTORE, Vice President of the International Association of Legislation, President of the Flemish Interuniversity Centre of Legislation, and Convenor of the standing research group on subnational constitutions in federal and quasi-federal systems of the International Association of Constitutional Law.

Maja Sahadžić is a researcher, lecturer, and expert legal advisor. She currently works as Researcher at the Government and Law Research Group at the Faculty of Law, University of Antwerp, Belgium. Her research focuses on constitutional asymmetry, multinationalism, and multi-tiered systems. She previously held academic positions at universities in Bosnia and Herzegovina, Croatia and the USA, and also worked as a lawyer and journalist. She has published widely in the field of asymmetrical federalism, multinational societies, extreme constitutionalism, diplomacy, and security. In 2018 she received the Ronald Watts Award for the best article in federalism.

Blurb

This edited volume examines the link between constitutional asymmetry and multinationalism in multi-tiered systems through a comprehensive and rigorous comparative analysis, covering countries in Europe, Africa and Asia. Constitutional asymmetry means that the component units of a federation do not have equal relationships with each other and with the federal authority. In traditional federal theories, this is considered an anomaly. The degree of symmetry and asymmetry is seen as an indicator of the degree of harmony or conflict within each system. Therefore symmetrisation processes tend to be encouraged to secure the stability of the political system. However, scholars have linked asymmetry with multinational federalism, presenting federalism and asymmetry as forms of ethnical conflict management. This book offers insights into the different types of constitutional asymmetry, the factors that stimulate symmetrisation and asymmetrisation processes, and the ways in which constitutional asymmetry is linked with multinationalism.

Patricia Popelier is Full Professor at the Faculty of Law, University of Antwerp, Belgium. Her research focuses on federalism and multilevel governance, constitutional review, legislative studies, and issues of legitimacy and legal certainty. She is co-Promoter of the Jean Monnet Centre of Excellence ACTORE, Vice President of the International Association of Legislation, President of the Flemish Interuniversity Centre of Legislation, and Convenor of the standing research group on subnational constitutions in federal and quasi-federal systems of the International Association of Constitutional Law.

Maja Sahadžić is a researcher, lecturer, and expert legal advisor. She currently works as Researcher at the Government and Law Research Group at the Faculty of Law, University of Antwerp, Belgium. Her research focuses on constitutional asymmetry, multinationalism, and multi-tiered systems. She previously held academic positions at universities in Bosnia and Herzegovina, Croatia and the USA, and also worked as a lawyer and journalist. She has published widely in the field of asymmetrical federalism, multinational societies, extreme constitutionalism, diplomacy, and security. In 2018 she received the Ronald Watts Award for the best article in federalism.