Asymmetries, Courts, and Comparative Constitutional Law : A Dynamic Accommodation of Diversity in Divided Multi-Tiered Systems / Lidia Bonifati.

Format:

Book

Author/Creator:

Bonifati, Lidia, author.

Series:

Human Rights and Humanitarian Law E-Books Online, Collection 2026.

Studies in Territorial and Cultural Diversity Governance ; 24.

Human Rights and Humanitarian Law E-Books Online, Collection 2026

Studies in Territorial and Cultural Diversity Governance ; 24

Language:

English

Subjects (All):

Asymmetric synthesis.

Comparative law.

Constitutional courts.

Constitutional law--Political aspects.

Constitutional law.

Cultural pluralism.

Federal government.

Physical Description:

1 online resource (372 pages)

Edition:

1st ed.

Other Title:

A Dynamic Accommodation of Diversity in Divided Multi-Tiered Systems

Place of Publication:

Leiden ; Boston : Brill | Nijhoff, 2026.

Language Note:

English

Summary:

This book explores constitutional asymmetries in divided multi-tiered systems as a dynamic constitutional model to accommodate ethnocultural diversity through a comparative analysis of 12 constitutional systems from both the Global North and the Global South. It offers a unique integrated analysis of asymmetries as designed by the constitutional orders and interpreted by courts. The book contributes to the comparative constitutional scholarship on asymmetric federalism, providing for not only a qualitative but also a quantitative assessment of asymmetries. It combines traditional doctrinal and case-law analysis with emerging methodological approaches to legal research, such as empirical legal studies and decolonial comparative law.

Contents:

Intro

Half Title Page

Series Page

Title Page

Dedication Page

Copyright Page

Contents

Foreword

Acknowledgements

Abbreviations

Case Law

Domestic Jurisprudence

Belgium

Bosnia-Herzegovina

Canada

India

Indonesia

Italy

South Africa

Spain

United Kingdom

European Court of Human Rights

Inter-American Court of Human Rights

International Court of Justice

International Jurisprudence

African Commission on Human and Peoples' Rights

Figures and Tables

Figures

Tables

Introduction

1 Unfolding the Subject

2 Terminological Clarifications

2.1 Constitutional Design, Constitution-Making

2.2 Federal States, Federal Systems, Multi-tiered Systems

2.3 Divided Societies, Multinationalism

2.4 Asymmetry, Asymmetries

3 Theoretical Aims of the Research

4 Research Questions and Methodology

5 Structure of the Book

Bibliography

Part 1 The Role of Constitutional Design

Chapter 1 Constitutional Design, Federalism, and Asymmetries

1 Introduction

2 Constitutional Design for Divided Societies

2.1 Literature Background on Constitutional Design

2.2 The Debate on Constitutional Design for Divided Societies

2.3 Constitutional Models for Diversity Governance

2.3.1 The Repressive or Assimilationist Model

2.3.2 The Integrationist or Liberal Model

2.3.3 The Promotional Model

2.3.4 The Accommodationist or Multinational Model

2.3.4.1 Consociational Democracy

2.3.4.2 Centripetal Democracy

2.3.4.3 Multiculturalism

3 Federalism and Constitutional Design: Theoretical and Empirical Links

3.1 The Scholarship on Constitutional Design and the Relevance of Federalism.

3.2 Federal Theory and the Relevance of Constitutional Design for Divided Societies

4 Constitutional Asymmetries as a Dynamic Constitutional Model

5 Concluding Remarks

Chapter 2 Defining Asymmetries in Multi-tiered Systems

2 Between Theory and Practice

2.1 Introducing the Concept

2.2 De Facto and De Jure Asymmetries

2.2.1 Political Asymmetries

2.2.2 Constitutional Asymmetries

2.3 Asymmetries, Mixed Legal Systems, and the Legacy of Colonialism

2.4 The Challenges Deriving from Constitutional Asymmetries

3 Measuring Constitutional Asymmetries

3.1 Palermo: The Application of Game Theory

3.2 Sahadžić: A First Measure of Constitutional Asymmetry

3.3 Popelier: The Autonomy and Cohesion Index

3.4 Measuring Asymmetries Combining Quantitative and Qualitative Methods

4 Factors Conducive to Constitutional Asymmetries

4.1 Legal Factors

4.1.1 Territorial Distribution

4.1.2 Legal Procedures

4.1.3 Homogeneous or Heterogeneous Design of the Subnational Entities

4.1.4 Constitution-Making Process

4.2 Extra-legal Factors

4.2.1 Historical Reasons and Periodisation

4.2.2 Process of Formation

4.2.3 Global North v.Global South

4.2.4 Wealth

Chapter 3 Constitutional Asymmetries from a Comparative Perspective

2 Methodological Considerations

2.1 The Debate over the Comparative Method

2.2 Comparative Constitutional Law Methodologies

2.2.1 Classificatory Approach

2.2.2 Historical Approach

2.2.3 Normative Approach

2.2.4 Functional Approach

2.2.5 Contextual Approach

2.2.6 Post-/Decolonial Approach

2.3 Case Selection

2.4 The Potential Challenges of Heterogeneity

3 High Degree of Constitutional Asymmetry

3.1 Autonomy and Asymmetry

3.1.1 The United Kingdom

3.1.2 Iraq.

3.1.3 Comparative Overview

3.2 High Constitutional Asymmetry "in Action"

4 Medium Degree of Constitutional Asymmetry

4.1 Autonomy and Asymmetry

4.1.1 India

4.1.2 Myanmar

4.1.3 Spain

4.1.4 Italy

4.1.5 Pakistan

4.1.6 Belgium

4.1.7 Comparative Overview

4.2 Medium Constitutional Asymmetry "in Action"

5 Low Degree of Constitutional Asymmetry

5.1 Autonomy and Asymmetry

5.1.1 Canada

5.1.2 Indonesia

5.1.3 Bosnia and Herzegovina

5.1.4 Malaysia

5.1.5 Comparative Overview

5.2 Low Constitutional Asymmetry "in Action"

6 Concluding Remarks

Part 2 The Role of Constitutional Courts

Chapter 4 Courts and the Accommodation of Diversity

2 Diversity and Courts

2.1 Ethnicity and Rights: A Contested Terrain?

2.2 Constitutional Courts in Divided Societies

2.2.1 The First Certification Judgment

2.2.2 The Constituent Peoples' Case

2.2.3 The Reference Re Secession of Québec

2.2.4 The Shah Bano Case

2.3 Supranational Courts and Diversity

2.3.1 The International Court of Justice and Self-Determination under International Law

2.3.2 The European Court of Human Rights and Power-Sharing Democracies

2.3.3 The Inter-American Court of Human Rights and Indigenous Peoples' Rights

2.3.4 The Relevance of Quasi-judicial Bodies

2.3.4.1 The Badinter Commission

2.3.4.2 The African Commission on Human and Peoples' Rights

3 Diversity within Courts

3.1 Power-Sharing Courts

3.2 Hybrid Constitutional Courts

4 Courts and the Use of Foreign Law to Address Internal Diversity

Chapter 5 Constitutional Courts, Federalism, and Asymmetries

2 Constitutional Adjudication in Multi-tiered Systems

2.1 Federalism and the Archetypical Models of Judicial Review.

2.2 Federalism and Constitutional Review in the Civil Law Systems

2.3 Federalism and Judicial Review in the Common Law Systems

2.4 Federalism and Judicial Review in the Mixed Legal Systems

2.5 Between Models of Constitutional Review

3 Constitutional Courts between Centralist and Federalist Behaviour

3.1 The Canadian Supreme Court: Centralist Umpire or Federal Facilitator?

3.2 The Belgian Constitutional Court: A Balanced Court

3.3 The Spanish Constitutional Tribunal: A Polarising Centralist

3.4 The Indian Supreme Court: Safeguard of Territorial Self-Government

3.5 The Italian Constitutional Court: The Interpreter of Italian Regionalism

3.6 The Constitutional Court of Bosnia-Herzegovina: Integration or Disintegration?

4 Constitutional Courts and Asymmetries

4.1 The Indian Supreme Court

4.2 The Italian Constitutional Court

4.3 The Spanish Constitutional Tribunal

4.4 The Indonesian Courts

4.4.1 The Indonesian Constitutional Court

4.4.2 The Indonesian Supreme Court

4.5 Comparative Observations

Comparative Conclusions

1 Core Findings of the Research

1.1 The Dynamic Nature of Constitutional Asymmetries

1.2 The Role of Constitutional Courts in Shaping Asymmetries

2 Innovative Aspects

3 Limitations of the Study and Further Developments

Appendices

Appendix 1: Converted Values of Constitutional Asymmetries in the 12 Case Studies

Appendix 2: High Constitutional Asymmetry - Subnational Autonomy Scores

Appendix 3: Medium Constitutional Asymmetry - Subnational Autonomy Scores

Appendix 4: Low Constitutional Asymmetry - Subnational Autonomy Scores

Appendix 5: Comparative Overviews

Index.

Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

90-04-73910-6

9789004739109

OCLC:

1546501380

Publisher Number:

10.1163/9789004739109 DOI