ABSTRACT

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.

chapter 1|19 pages

Subnational constitutionalism

Defining subnational constitutions and self-constituent capacity

chapter 2|16 pages

Subnational constitutionalism in Argentina

Provincial autonomy in a uninational federation

chapter 3|15 pages

Subnational constitutionalism in Australia

State autonomy in a uninational federation

chapter 4|15 pages

Subnational constitutionalism in Austria

The pluralization of homogeneity

chapter 5|14 pages

Subnational constitutionalism in Belgium

A matter of abstained maturity

chapter 6|16 pages

Subnational constitutionalism in Bosnia and Herzegovina

Towering subnational autonomy and a loose clamp of the central level to all intents and purposes

chapter 7|17 pages

Subnational constitutionalism in Brazil

The space of state constitutions for improving Brazilian federalism

chapter 8|16 pages

Subnational constitutionalism in Canada

A hysteretic approach to distinctive constitutional identities

chapter 9|16 pages

Subnational constitutionalism in Ethiopia

Constitutional déjà vu

chapter 10|17 pages

Subnational constitutionalism in Germany

Constitutional autonomy, unitarian federalism and intertwined policymaking

chapter 11|14 pages

Subnational constitutionalism and asymmetrical federalism in India

Subnational constitutionalism or constitution within the Constitution?

chapter 12|15 pages

Subnational constitutionalism in Italy

Unfulfilled expectations?

chapter 13|17 pages

Subnational constitutionalism in Malaysia

Weak states in a strong federation

chapter 14|16 pages

Subnational constitutionalism in Mexico

Medium state autonomy in a centralized federation

chapter 15|17 pages

Subnational constitutionalism in South Africa

An empty promise

chapter 16|12 pages

Subnational constitutionalism in Spain

Confluence of wills in a basic institutional norm

chapter 17|17 pages

Subnational constitutionalism in Switzerland

A Sleeping Beauty waiting to be kissed

chapter 18|24 pages

Subnational constitutionalism in the United Kingdom

Constitutional statutes within the context of an uncodified constitution

chapter 19|16 pages

Subnational constitutionalism in the United States

Powerful states in a powerful federation

chapter 20|16 pages

Conclusion

Nine hypotheses to explain variation in subnational constitutional autonomy