Sub-state governance through territorial autonomy: a comparative study in constitutional law of powers, procedures and institutions

Sub-state governance through territorial autonomy: a comparative study in constitutional law of powers, procedures and institutions

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This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and theÅland conform to the typical territorial autonomy, while Puerto Rico and Acehshould probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities. The first systematic review of different sub-state entities organized as territorial autonomies. Distinguishes territorial autonomies from federal formsof organization. Connects territorial autonomy to conflict resolution and self-determination. Identifies the most important features of territorial autonomy. Compares the different territorial autonomies at a general level. Provides detailed analysis of norms and practice in territorial autonomies. INDICE: Introduction. The Autonomy of Memel. The Relationship between Federalism and Autonomy. Conflict Resolution in a Self-Determination Context as a General Frame for Sub-State Arrangements. The Distribution of Powers. Participation in Decision-Making. The Executive Power. International Relations. Concluding Remarks.

  • ISBN: 978-3-642-20047-2
  • Editorial: Springer Berlin Heidelberg
  • Encuadernacion: Cartoné
  • Páginas: 700
  • Fecha Publicación: 01/07/2011
  • Nº Volúmenes: 1
  • Idioma: Inglés