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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 constitutionalasymmetry is linked with multinationalism.
Is the first book to offer a legal and comprehensive account of constitutional ?asymmetry Covers 16 legal systems, many of which are often ignored in comparative federal and constitutional studies Responds to contemporary challenges of constitutional engineering in multinational states
Auteur
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 Sahadi 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.
Contenu
1 Linking constitutional asymmetry with multinationalism: An attempt to crack the code in five hypotheses (P. Popelier, M. Sahadi).- 2 Asymmetry and Complexity as a Device for Multinational Conflict Management: A country study of constitutional asymmetry in Belgium (P. Popelier).- 3 Mild asymmetry and ethnoterritorial overlap in charge of the consequences of multinationalism: A country study of constitutional asymmetry in Bosnia and Herzegovina (M. Sahadi).- 4 Constitutional and non-constitutional asymmetries in the Canada federation: A country study on constitutional asymmetry in Canada (A-G. Gagnon, J-D. Garon).- 5 Constitutional Asymmetry in the People's Republic of China: A country study of constitutional asymmetry in China (J. Buhi).- 6 Federation among unequals, A country study of constitutional asymmetry in Ethiopia (Y.T. Fessha, B.N. Bezabih).- 7 Asymmetry as a way to move forward with multi-tiered integration?, A study of constitutional asymmetry in the EU (P. Van Cleynenbreugel).- 8 Accommodating Diversity, Consolidating Nationhood, A country study of constitutional asymmetry in India (R. Kumar Pandey).- 9 Provincial asymmetry in Indonesia: A country study of constitutional asymmetry in Indonesia (S. Butt).- 10 Federalism and Decentralization in Iraq, A country study of constitutional asymmetry in Iraq (B. Bammarny).- 11 Irreversibly different, A country study of constitutional asymmetry in Italy (F. Palermo, A. Valdesalici).- 12 Constitutional Asymmetry in Malaysia: A Case Study of Sabah and Sarawak (A. Salleh, A. Puyok, T. Paridi Bagang).- 13 Asymmetry or equality? Ethnic nationalities in a Bamar-dominated state, A country study of constitutional asymmetry in Myanmar (M.G. Breen).- 14 Subnational empowerment for a cohesive Federation, A country study of constitutional asymmetry in Pakistan (Z. Shahid, M. Gerster).- 15 Constitutional asymmetry in Russia: issues and developments (E. Kremyanskaya).- 16 Asymmetry as a device for equal recognition and reasonable accommodation of majority and minority nations, A country study on constitutional asymmetry in Spain (P. Bossacoma Busquets, M. Sanjaume-Calvet).- 17 Work in progress, A country study of constitutional asymmetry in the UK (B. Dickson).- 18 Conclusion: a country studies-based deliberation on multi-tiered multinational systems (P. Popelier, M. Sahadi).