Distinctive identity claims in federal systems: Judicial policing of subnational variance

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Antoni Abat Ninet, James A. Gardner

It is characteristic of federal states that the scope of subnational power and autonomy are subjects of frequent dispute, and that disagreements over the reach of national and subnational power may be contested in a wide and diverse array of settings. Subnational units determined to challenge nationally imposed limits on their power typically have at their disposal many tools with which to press against formal boundaries. Federal systems, moreover, frequently display a surprising degree of tolerance for subnational obstruction, disobedience, and other behaviors intended to expand subnational authority and influence, even over national objection. This tolerance, however, has limits. In this article, we examine a set of rulings by national constitutional courts invalidating formalized claims by subnational units to a distinctive subnational identity. The emphatically negative reactions of these courts suggest that the legal formalization of distinctive identity claims is perceived by courts to pose an unusually acute threat to the state.
Original languageEnglish
JournalInternational Journal of Constitutional Law
Volume14
Issue number2
Pages (from-to)378-410
Number of pages33
ISSN1474-2640
DOIs
Publication statusPublished - 2016

    Research areas

  • The Faculty of Law - federalism, autonomy, intergovernmental relations, constitutional court, comparative constitutional law

ID: 154450172