Analyze the document Details on article
| Id | 2831 | |
| Author | Hirschl R. |
|
| Title | Constitutional Design and the Urban/Rural Divide | |
| Reference | Hirschl R. Constitutional Design and the Urban/Rural Divide,Law and Ethics of Human Rights 16 1 |
Keywords |
| Link to article | https://www.scopus.com/inward/record.uri?eid=2-s2.0-85134783166&doi=10.1515%2flehr-2022-2002&partnerID=40&md5=f9538e6ffaaedbc8cc3c546331fc139d |
|
| Abstract | In this article, I consider a curious blind spot in constitutional scholarship concerning the resurging rural/urban divide - a readily evident phenomenon closely associated with political resentment and anti-establishment sentiments - and how we may begin to address that challenge through creative constitutional designs. Specifically, I draw upon insights from comparative constitutionalism to discuss four main areas of constitutional law and theory that appear to hold some intellectual promise in this context: (i) formal constitutional commitment at the national level to recognizing the urban/rural divide and commitment to addressing it; (ii) creative electoral system designs that take into account the spatial dimension of politics; (iii) spatial pluralization based on concepts such as "mixed constitutions,""community standards,"and "margin of appreciation"; and (iv) rethinking elements of equalization and fiscal federalism more generally. Taken together, the four directions I discuss here offer a repertoire of constitutional design possibilities that hold promise in mitigating the resurging rural/urban gulf. More generally, they serve as an invitation to constitutional thinkers to shake up the rather stagnant constitutional thought of spatial governance, and to think creatively about the ever-expanding urban/rural divide and its consequences for the theory and practice of 21st century constitutional democracy. © 2022 Walter de Gruyter GmbH, Berlin/Boston. |
|
| Metodology | ||
| DOI | 10.1515/lehr-2022-2002 | |
| Search Database | Scopus |
|
| Technique | ||
MESOC has received funding
from Horizon 2020 - the EU Framework Programme
for Research and Innovation (2014-2020) -
under Grant Agreement n°870935.
We take your privacy seriously and WE DO NOT process any personal data or any information that reveals personal identity or information that can be linked to such information to identify directly or indirectly.
2021 © CD