Legal Conflicts and Subnational Constitutionalism
Title: Legal Conflicts and Subnational Constitutionalism
Series/Report no.: EUI LAW; 2011/03
This paper analyses the increasing use of the concept of subnational identity, understood as a peculiar (to some extent) category that is opposed to the State or federal identity. References to it are included in the second-generation Italian (subnational) fundamental charters (Statuti) and Spanish Estatutos de autonomia. After an overview of the identity clauses contained in the sub-national constitutions, we will move to analyse the first cases of judicial relevance of these clauses when they are invoked before national courts, and test whether and how these subnational identity provisions could be interpreted in a manner consistent with the national constitution.
Subject: Subnational constitutionalism; constitutional interpretation; regional Statuti; Estatutos de autonomia
Paper presented at the World Conference of the International Association of Constitutional Law, Mexico City, 6-10 December 2010. This paper is the result of joint reflections, however Giuseppe Martinico wrote par. 2, 5, 8 and 9, Giacomo Delledonne wrote par. 3, 4 and 7, while par. 1 and 6 were elaborated jointly. We would like to thank Josep Maria Castellà Andreu, François-Xavier Millet and Robert Williams for their comments and Miguel Poiares Maduro and Ernst-Ulrich Petersmann for their support. Forthcoming in Rutgers Law Journal, 2012. Usual disclaimers apply.
Type of Access: openAccess