Bulletin n. 2-3/2012
October 2012-February 2013
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Cagiao y Conde Jorge
    Autorité et conflit d’autorités en droit fédératif
    in Europe en formation (L') , n. 363, 2012/1 ,  2012 ,  121-142
    This paper proposes a reflection on the political and legal logic of federalism trying to characterize the federal subject. Here, the American and European federal systems are analyzed and compared by means of the notion of authority, most suitable, in the opinion of the author to give an account of the federative relations than the notion of sovereignty. Hans Kelsen’s and, more recently, Olivier Beaud’s fundamental contributions have been able to highlight the problems of a lexicon of State inspiration for a full understanding of the federative relations, as shown in the example of sovereignty (more in our European context than in the U.S., where the notion is not absolute granted the way it is in our legal culture). The author focuses first on the theoretical foundations and sources of legitimacy of the federated authority in the federal systems, both in its constituent phase (its founding act) and its subsequent operation. The second part of the article is dedicated to the federal authority and the central role of the judge in the process of autonomisation of the federal legal order, step necessary for the creation and development of a true federal authority. The article closes with a reflection on the place of the constitutional justice in federal systems and guarantees and conditions of impartiality which should guide its interpretative activity to be able to be perceived by the parties as real authority in the management and solution of characteristic conflicts of relations between the federated level and the federal in federalism.
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