European Yearbook of Constitutional Law 2020 : The City in Constitutional Law

The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward. Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.-- Provided by publisher Contents Editors and Contributors About the Editors Contributors 1 Introduction: The City as a Multifaceted and Dynamic Constitutional Entity 1.1 The City as an Undervalued Constitutional Trope 1.2 Cities Within National Power Structures 1.3 Cities and Citizens 1.4 Cities and the International Arena 1.5 Constitutional Law in the Age of the City References Part ICities Within National Power Structures 2 Cities and the Dutch Constitution 2.1 Introduction 2.1.1 What to Call a City? 2.2 Historical Background 2.3 Constitutional Leeway 2.3.1 Institutional Leeway 2.3.2 Substantive Leeway 2.4 Carving Out a Specific Legal Position for Cities? 2.5 Conclusion References 3 Modes of Urban Autonomy—The Constitutional Characteristics of Self-governance in Amsterdam, Paris and Hamburg 3.1 Cities and Constitutional Law 3.1.1 Urban Self-government 3.1.2 Amsterdam, Paris and Hamburg 3.2 The City as a Decentralized Local Authority: Amsterdam 3.2.1 Constitutional Identity 3.2.2 Institutions and Democracy 3.2.3 Powers 3.2.4 Relations with Other Public Bodies 3.3 The City as a Special Local Authority: Paris 3.3.1 Constitutional Identity 3.3.2 Institutions and Democracy 3.3.3 Powers 3.3.4 Relations with Other Public Bodies 3.4 The City as a Federal Entity: Hamburg 3.4.1 Constitutional Identity 3.4.2 Institutions and Democracy 3.4.3 Powers 3.4.4 Relations with Other Public Bodies 3.5 Three Cities in Constitutional Law: Some Characteristics 3.5.1 The Constitutional Relevance of Cities 3.5.2 Integral Governance: Combining the Local and the Regional 3.5.3 Mayors of Big Cities: Legitimacy and Special Qualities 3.5.4 Powers and Differentiation 3.5.5 Representation and Participation 3.6 Conclusions References 4 Reanimating Brussels—The Beating Heart of the Belgian Federation 4.1 Introduction 4.2 The Institutional Structure of Brussels 4.2.1 Brussels as a Shared Capital 4.2.2 Brussels as an Inferior Region 4.2.3 Brussels: Split into Two Communities 4.2.4 Brussels: A City Divided into 19 Municipalities 4.2.5 Brussels: A Heart with Many Chambers 4.3 Rethinking the Institutional Structure of Brussels 4.3.1 Brussels as a Region Community? 4.3.2 Brussels as a City Region? 4.4 Conclusion References 5 How Much Local Autonomy Is Good for a City? An Analysis of the Peruvian Constitutional Design for Cities and Its Effects in the Case of the Lima Metropolitan Area 5.1 Introduction and Context 5.2 Constitutional Model 5.2.1 Background of the Constitutional Model 5.2.2 Constitutional Model 5.3 Problems and Implications 5.3.1 Lima and the Metropolitan Governments 5.3.2 Implications of the Fragmentation of the Lima Metropolitan Area 5.4 Conclusions References 6 Comparative Constitutional Politics in the Chinese Special Administrative Regions of Hong Kong and Macau 6.1 Introduction 6.2 Constitutional Convergence on the Books 6.2.1 The Historical Foundations of Constitutional Convergence 6.2.2 Constitutional Convergence Explained 6.2.3 Fundamental Incoherence with the Chinese Constitution 6.3 Constitutional Divergence in Action 6.3.1 The Path Towards Constitutional Democracy 6.3.2 Executive-Legislative Relations 6.4 Conclusion References 7 A Tale of Three Cities—The Stadtstaat in German Constitutional Law 7.1 Setting the Scene 7.2 The Definition of a City Under German Law 7.3 Cities and German Federalism 7.3.1 Cities as a Basis for Multipolar Federalism 7.3.2 Deutscher Städtetag 7.3.3 Historical Roots of Power and Identity: The Hanse 7.4 Cities under the German Basic Law 7.4.1 Autonomy in Local Affairs 7.4.2 Revenue 7.4.3 The Constitutional Complaint (Verfassungsbeschwerde) of Counties and Municipalities 7.5 The Special Status of Berlin, Hamburg and Bremen as Stadtstaaten 7.5.1 Berlin, Hamburg and Bremen as Municipalities 7.5.2 Stadtstaaten 7.5.3 Contemporary Challenges and Opportunities for Stadtstaaten 7.6 Conclusion References Part IICities and Citizens 8 The Constitution and the City: Reflections on Judicial Experimentalism Through an Urban Lens 8.1 Introduction 8.2 Judicial Experimentalism 8.3 The City as a Legal Space 8.4 An Extended Dialogue Between Disciplines 8.4.1 City Matters and Differences Among Cities Matters Too 8.4.2 Time (Temporality) Matters 8.4.3 Politics Matters 8.4.4 Inquiries from the Global South Matter 8.5 A Tentative Proposal to Begin the Conversation 8.5.1 Choosing the Case(s) 8.5.2 The Reading of the Case 8.5.3 Situating the Study in the City 8.5.4 The Sphere of Participation 8.5.5 The Expected Effects 8.6 The Case of Cali’s Recyclers: An Example of Why It Is Worth Changing the Focus 8.6.1 Snapshot 1: The Invisibility of the City and the Timing of the Court Orders 8.6.2 Snapshot 2: Global Cities, Political Regimes and Competing Discourses 8.6.3 Snapshot 3: The Invisibility of the City and Its Institutional Weaknesses 8.7 Conclusion References 9 Urban Governance and the Right to a Healthy City 9.1 Introduction 9.2 Health and the City 9.3 Urban Local Government and the Determinants of Health 9.4 Rights-Based Urban Governance in Pursuit of Urban Health 9.5 Conclusion References 10 Topical Storm Approaching: Regulating Public Assemblies and Responding to Online Falsehoods in the City State of Singapore 10.1 Conceptual Frameworks 10.1.1 The (Digital) Right to the City 10.1.2 Freedom of Assembly and Expression 10.2 Regulating Public Assemblies 10.2.1 The Public Order Act 10.2.2 The Constitutionality of Permit Schemes Regulating Public Assemblies 10.2.3 Rethinking Public Assemblies 10.3 Dealing with Online Falsehoods 10.3.1 Introduction to the Protection from Online Falsehoods and Manipulation Act 10.3.2 Potential Constitutional Challenges to the POFMA 10.3.3 Rethinking Online Falsehoods 10.4 Concluding Thoughts References 11 The City of London: Dominance, Democracy, and the Rule of Law? 11.1 The City and the Not-City 11.2 The City and Its Influence 11.2.1 A (Brief) Historical View of London 11.2.2 The 2016 EU Referendum 11.3 The Rule of Law Benefits 11.3.1 The Rule of Law 11.3.2 Greater London’s Dominance and the Rule of Law 11.4 The City and the Rule of Law References Part IIICities and the International Arena 12 Accelerating Cities, Constitutional Brakes? Local Authorities Between Global Challenges and Domestic Law 12.1 Introduction 12.2 ‘Accelerating Cities’ Using International Law to Address Global Challenges 12.3 International Support Fuelling the Rise of Accelerating Cities 12.4 Accelerating Cities and ‘Constitutional Brakes’: Examples from Domestic Case Law 12.4.1 Germany: Early Rulings Limiting the Competencies of Local Authorities 12.4.2 Spain: Local and Regional Actions Pre-empted by the Constitutional Court 12.4.3 Turkey: Local Authorities Litigating the Right to Water 12.4.4 France: Communes Invoking International Law to Strengthen Social Justice Locally 12.4.5 The Netherlands: Questions of Local Authority Reach the European Level 12.5 Discussion: Researching Local Authorities Invoking International Law before Domestic Courts References 13 European Cities Between Self-government and Subordination: Their Role as Policy-Takers and Policy-Makers 13.1 Introduction 13.2 Local Self-government: Some Conceptual and Terminological Clarification 13.3 Cities as Policy-Makers and Policy-Takers: European Standards 13.3.1 European Standards of Local Self-government 13.3.2 Cities as Policy-Makers 13.3.3 Cities as Policy-Takers 13.4 “Special Cities” in Three Countries: Between Historical Legacies and Imperatives of Effectiveness 13.5 “Special Cities” as Policy-Makers 13.5.1 Legal Entrenchment of Own Local Responsibilities 13.5.2 Subsidiarity, General Competence and the Nature of Local Powers 13.5.3 Self-government in View of Delegated Responsibilities 13.5.4 Administrative Supervision 13.5.5 (In)Adequate Local Resources 13.6 “Special Cities” as Policy-Takers 13.7 Conclusions References Part IVConstitutional Law in the Age of the City 14 Urbanization, Megacities, Constitutional Silence 14.1 Introduction: A Pressing Constitutional Blind Spot 14.2 What Do National Constitutions Say About Cities? 14.3 Spatial Statism 14.4 Conclusion References 15 Constitutional Law, Federalism and the City as a Unique Socio-economic and Political Space 15.1 Introduction 15.2 Cities as Unique Socio-economic and Political Spaces 15.2.1 The Historic Importance of Cities 15.2.2 The Economic Importance of Cities 15.2.3 The Political and Cultural Importance of Cities 15.2.4 Towards a Definition of Cities as Unique Socio-economic and Political Spaces 15.3 Cities and Federalism 15.3.1 The City in the Work of Johannes Althusius 15.3.2 Federal Capital Cities and Cities with Special Status 15.3.3 Constitutional Entrenchment of Local Governments 15.4 A Normative Agenda for Cities in Constitutional Law 15.4.1 The Principle of Subsidiarity and the Constitutional Entrenchment of Cities 15.4.2 The Constitutional Entrenchment of Legislative Powers for Cities 15.4.3 Shared-Rule and Representation at the Centre 15.4.4 Direct Election of City Representatives 15.4.5 Cities and External Relations 15.5 Conclusion References La 4ème de couverture indique : "The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward. " The 'European Yearbook of Constitutional Law' (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals.00The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward