Legal Conflicts and Subnational Constitutionalism
EUI Working Paper LAW No. 2011/03
30 Pages Posted: 27 Apr 2011
Date Written: January 2011
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.
Keywords: Subnational constitutionalism, constitutional interpretation, regional Statuti, Estatutos de autonomia
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