By Markku Suksi
This research specializes in territorial autonomy, that's frequently utilized in diversified conflict-resolution and minority events. 4 common components are pointed out at the foundation of the ancient instance of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation via elections and referendums, govt strength of territorial autonomy, and diplomacy. those parts are used for a comparative research of the constitutional legislation that regulates the location of six at present present specified jurisdictions, the Åland Islands in Finalnd, Scotland within the uk, Puerto Rico within the u . s ., Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. the present sub-state entities tested could be prepared on the subject of Memel in a way that exhibits that Hong Kong and the Åland comply with the common territorial autonomy, whereas Puerto Rico and Aceh should still not really be understood as territorial autonomies right. even as, the territorial autonomies should be exceptional from federally prepared sub-state entities.
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Additional info for Sub-State Governance through Territorial Autonomy: A Comparative Study in Constitutional Law of Powers, Procedures and Institutions
Sample text
Although the entities that can be placed in section III have a certain constitutional basis, their powers are of a non-legislative kind, limited to regulatory or administrative jurisdiction and subordinated to the ordinary legislative powers of the national lawmaker of the country in which they exist. Here the use of the term “autonomy” could be misleading.
1 National government is not necessarily the best or the only level of government where the accommodation of group interests can take place. At the national level, group interests may become overridden by the needs and concerns of the majority, while the capacity at local government level to respond to the needs of the group may be limited, especially in terms of the powers required to bring about the accommodation between the group and the national entity. Between the national level and the local level, there is a further level of governance, the sub-national level, which holds the potential for the creation of a multitude of different organizational options for taking into account groups of different kinds in the context of entire states or nations.
10 Elazar (1987), p. 225. 11 Lapidoth (1997), p. 46. 12 In so far as a part of the entire population can be identified as a people, it may be granted law-making powers, and such power often takes on the form of territorial autonomy. It may be increasingly difficult to argue in favor of the principle of integrity of national territories and the principle of non-interference in the sovereign matters of a State after the international involvement in and the recent recognition of the controlled independence of Kosovo (whatever that may mean) and after the Russian invasion in the Georgian territories of South-Ossetia and Abchasia.