Social:Coconstitutionalism
Coconstitutionalism is where two institutional cultures exist in a complex semi-autonomous relationship to each other.[1] The model of asymmetrical devolution that has emerged in democratic Spain has been called "coconstitutional" in that it is neither a federal nor a unitary model of government: autonomous nation-regions exist alongside and within the Spanish nation-state in a relatively dynamic relationship.[2]
Similarities to federalism are marked although a key difference lies in the legal status of a federal-state versus a notionally unitary coconstitutional one: in a federation, it is the states who legally transfer powers to the federal government (bottom up) whereas in a unitary state power is devolved from the nation-state down to the regions (top down) and can in theory be revoked. Political conflict between Catalonia and Spain resulted in the 2017–2018 Spanish constitutional crisis.[3]
Since 1997, the UK government has pursued a similar coconstitutional model of devolution with regard to its nation-regions.
Five regions in Italy, namely Aosta Valley, Friuli-Venezia Giulia, Sardinia, Sicily, and Trentino-Alto Adige/Südtirol, have special forms of autonomy.[4]
References
- ↑ Jr, Anthony F. Lang; Wiener, Antje (2017-10-27) (in en). Handbook on Global Constitutionalism. Edward Elgar Publishing. ISBN 978-1-78347-735-7. https://books.google.com/books?id=Ix06DwAAQBAJ&q=Constitutionalism.
- ↑ Grimm, Dieter (2016-09-08) (in en). Constitutionalism: Past, Present, and Future. Oxford University Press. ISBN 978-0-19-109095-0. https://books.google.com/books?id=qRABDQAAQBAJ&q=Constitutionalism.
- ↑ "Spain Catalonia: Court blocks independence referendum" (in en-GB). 2017-09-08. https://www.bbc.com/news/world-europe-41196677.
- ↑ Popelier, Patricia; Delledonne, Giacomo; Aroney, Nicholas (2021-09-21) (in en). Routledge Handbook of Subnational Constitutions and Constitutionalism. Routledge. ISBN 978-1-000-40668-9. https://www.google.com/books/edition/Routledge_Handbook_of_Subnational_Consti/bqw_EAAAQBAJ?hl=en&gbpv=1&dq=South+Tyrol+and+Trentino+Constitutionalism&pg=PT302&printsec=frontcover.
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