This presentation assesses the process of comparing subnational constitutions in federal states from three points of view. First is a top-down assessment of the federal constitution’s subnational constitutional “space,” or competency for the component units to adopt their own constitutions. This is a legal assessment, but influenced by context, with consent and dissent as an important factor. Devolutionary federal states are likely to have narrower space than integrationist federal states. Second is a bottom-up assessment of how the component units actually utilize this competency. This is a political question, which is also influenced by the measure of trust and distrust. Third is a legal assessment of the process of policing the limits of subnational constitutional space, and also on the limits of federal intrusion of such space.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.
Call For Papers and Panels