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 the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should 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 referendum is not a monolithic method of national decision making. There are a multitude of referendum forms which exist under varying constitutional conditions and operate in different ways. A global comparison shows that more than half the constitutions of the world provide for the referendum at a national level, but referendums are also carried out without explicit constitutional support. Two main forms of referendum can be observed, the mandatory constitutional referendum and the policy vote. This book argues that the referendum does not undermine representative decision making, but supplements it in various ways: the referendum is not diametrically opposed to representative government, and when properly designed and used, the institution of the referendum can enhance the legitimacy of a constitutional and political system. This book is the first comprehensive constitutional and comparative analysis of the referendum. It offers illuminating and intriguing reading for all those interested in national decision making.
This book analyses a middle position between single enumerations in a regular federal-like and a regular autonomy-like distribution of legislative powers by examining constitutional legislation in three countries (Canada, Denmark and Finland) that have established separate enumerations for the national level and the sub-state level. The sub-state level consists of provinces in Canada, the Faroe Islands in Denmark and the Åland Islands in Finland. The book provides interpretations of the competence line based on double enumeration between the national parliament and the sub-state entities, where relevant, on the basis of the travaux preparatoires of the fundamental norms on which the arrangements are based, judicial or quasi-judicial resolutions of competence problems, and relevant doctrine and literature.
The Nordic Region has enjoyed two centuries of peaceful co-existence that are worth highlighting and learning from. As a result, the Nordic autonomous regions have attracted considerable attention in recent years. There is significant international interest in their experiences, including their experience of territorial autonomy. In a world that appears increasingly troubling, the autonomy of the Faroe Islands, Greenland, and Åland is worth studying from the perspective of conflict resolution. It seems important to examine the marked development that these autonomous regions have undergone and the success they have had in finding solutions to the conflicts that have arisen – not just from a Nordic perspective, but also from a wider international point of view. The conclusions of a comparative study of the autonomous regions’ legal, economic, and security policy developments are presented here. The complete study can be ordered from The Åland Islands Peace Institute at www.peace.ax
The Human Rights in Development Yearbook series takes its starting point in a development perspective and aims to be topical, comprehensive and multidisciplinary, exemplifying the "cross-fertilisation" of theoretical and practical approaches.
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 the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.
This book analyses a middle position between single enumerations in a regular federal-like and a regular autonomy-like distribution of legislative powers by examining constitutional legislation in three countries (Canada, Denmark and Finland) that have established separate enumerations for the national level and the sub-state level. The sub-state level consists of provinces in Canada, the Faroe Islands in Denmark and the Åland Islands in Finland. The book provides interpretations of the competence line based on double enumeration between the national parliament and the sub-state entities, where relevant, on the basis of the travaux preparatoires of the fundamental norms on which the arrangements are based, judicial or quasi-judicial resolutions of competence problems, and relevant doctrine and literature.
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