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Original scientific paper

https://doi.org/10.25234/pv/11582

WE, THE PEOPLE OF THE FEDERATION! CONSTITUENT AUTHORITY IN CLASSIC AND MODERN FEDERATIONS

Robert Podolnjak orcid id orcid.org/0000-0001-6812-5684 ; Faculty of Law, University of Zagreb, Trg Republike Hrvatske 14, 10000 Zagreb, Republic of Croatia


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Abstract

Regardless of the earlier assumptions about the obsolescence of the classic federal theory, the paper emphasizes the contemporary significance and relevance of federalism. Europe is the epicentre of modern federalization processes, not only when it comes to the European Union, but also a number of European countries such as Belgium, Spain and the United Kingdom. The paper points out the fundamental distinction between the classic and modern federalism, which has its origin in the fact that federal systems 'arise' differently as a result of opposite processes of federalization and that in this sense we can distinguish between classic “integrative” and modern “devolutive” federalism. The basic assumptions of the paper are that 1) these two federalism patterns originally differ in the character of the basic constitutive act of the federal union with regard to the subject of creating a federation, and 2) because contemporary federations are “federal states without a federal foundation” this difference is not noticeable today. On the contrary, it has largely disappeared, and in this way, the difference between classic and modern federalism is actually bridged.

Keywords

federalism; confederalism; federation; constitution; constituent authority

Hrčak ID:

261165

URI

https://hrcak.srce.hr/261165

Publication date:

31.7.2021.

Article data in other languages: croatian

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