Matteo Monti

The asymmetry in fundamental rights' protection and subnational constitutions: The Charter for Flanders and the Swiss experience

  • Abstract

Informations and abstract

Keywords: Subnational Constitutions; Multinational States; Asymmetry, Federalism; Fundamental Rights.

The paper investigates the complex issue of the relationship between asymmetry in fundamental rights and principle of non-discrimination, looking at the debate about the creation of a Charter for Flanders in Belgium and using as comparative model the Swiss case. Firstly, the paper shall highlight how subnational constitutions could incorporate cultural fundamental rights, which are related with (sub)national identities. Secondly, the paper explores the limit, concerning the principle of non-discrimination, to the asymmetry of fundamental rights as derived from subnational constitutions, analyzing how the principles inferred from the Swiss case could be applied to the Belgian case.

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