|
Title
|
|
|
|
Constitutional asymmetry in multi-tiered multinational systems
| |
|
Author
|
|
|
|
| |
|
Abstract
|
|
|
|
| One common feature of recently emerged systems with federal features is the bringing of constitutional asymmetry into play and introducing intermediary tiers of government in response to difficulties created by facets of multinationalism. For the most part, this front-page subject suffers from the lack of structured and comprehensive legal debate. In particular, the thesis was designed to examine the link between constitutional asymmetries and multi-tiered multinational systems and to investigate the effects of constitutional asymmetries on legitimacy and stability in these systems. The thesis has argued that constitutional asymmetries are closely linked to multi-tiered multinational systems, as well as that constitutional asymmetries undermine legitimacy and stability in these systems. To address the objectives, the thesis combines an empirical and qualitative approaches by using the index of the indicators of constitutional asymmetries, a qualified respondent's questionnaire, the csQCA analysis as a data analysis technique, and country studies assembled into the edited volume „Constitutional Asymmetry in Multinational Federalism, Managing Multinationalism in Multi-tiered Systems“ (Patricia Popelier and Maja Sahadžić, eds.). The most obvious finding to emerge from this thesis is that constitutional asymmetries link exclusively to multi-tiered systems that are multinational in their essence. The second major finding was that multi-tiered multinational systems exhibit legitimacy deficiencies and stability shortcomings when burdened with asymmetrical constitutional solutions. The findings from this thesis make several contributions to the current literature in federalism. First, the thesis establishes a contemporary theoretical framework that is better adjusted to the discussion on constitutional asymmetries. The framework uses the dynamic federalism approach to connect the concepts of constitutional asymmetry, multi-tiered system, and multinationalism. Second, the thesis builds an innovative methodological approach to studying constitutional asymmetries by providing the index of the indicators of constitutional asymmetries. The index is a comprehensive and versatile resource in researching constitutional asymmetries as it can be applied in empirical and qualitative analyses by using it as a basis for surveys, correlational research, case studies, observational method, grounded theory, text analysis, etc. Third, the thesis updates contemporary federal literature on political asymmetries with two new factors that influence the emergence of constitutional asymmetries: historical and separatist. Fourth, the thesis offers an original conceptual framework to legitimacy and stability in multi-tiered multinational systems with asymmetrical features based on the dynamic interaction between and among multiple tiers of government and multinationalism burdened with asymmetrical constitutional solutions. |
| |
|
Language
|
|
|
|
English
| |
|
Publication
|
|
|
|
Antwerp
:
University of Antwerp, Faculty of Law
,
2019
| |
|
Volume/pages
|
|
|
|
306 p.
| |
|
Note
|
|
|
|
:
Popelier, Patricia [Supervisor]
:
Marko, Josef [Supervisor]
| |
|
Full text (publisher's version - intranet only)
|
|
|
|
| |
|