Territorialidad, Extraterritorialidad e Interés (Territoriality, Extraterritoriality and Interest. Comparative Analysis of the Distributions of Powers Systems of the United States, Canada, Austria, Germany and Italy: Lessons for the Autonomic State)
Year: 2011
Type: preprint
Abstract: Almost all systems of territorial distribution of powers recognize, implicitly or explicitly, the principle of territoriality of the powers of the sub-state or the federated entities, but not always to the same extent and with the same interpretation. This article offers a set of criteria to assess the legality of the extraterritorial effect of sub-state units’ or federated entities’ legislation and actions grounded on the comparative study of legislative and judicial solutions in several legal systems. These criteria, adopted with due cautions, could provide guidance to actors in the Spanish State of Autonomies - in particular, to the Constitutional Court- to evaluate the effects of autonomous communities’ laws within the constitutional framework.
Source: SSRN Electronic Journal
Author: Clara Velasco
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2280959088