This article describes and critiques the judicial reasoning of Indonesia’s Supreme Court, through the lens of the Court’s reviews of subnational laws during 2011–17. The resulting picture is a negative one. Most of the Court’s decisions were critically flawed, with either very little or no reasoning, and inconsistencies with past decisions. Worse, the Court appears keen to avoid hearing important cases that raise difficult political issues, even though the law governing those issues is clear and easy to apply. These inadequacies are perpetuated by genuine uncertainty about the precise jurisdiction of the Court in judicial review cases. However, the Court has not sought to resolve this uncertainty. Indeed, these decisions appear to reflect a court paying little regard to judicial transparency and accountability, and unwilling or unable to act as an effective check on government power.

Studies of the Lega Nord (Northern League) have tended either to ignore the existence of earlier movements for regional autonomy in the 1950s – such as the Movimento Autonomista Bergamasco – or, on the contrary, assume continuities between the two movements at the expense of analysis of the significant discontinuities. This article argues that neither approach has been successful in capturing the importance of precursors to leghismo and that a more nuanced analysis is required. Focusing on the Movimento Autonomista Bergamasco (MAB) in its various incarnations between 1947 and 1970, I argue that the Bergamascan autonomists of the post-war period in many ways laid the foundations for Umberto Bossi’s Lega Nord; however, it is historically inaccurate to claim a direct line of continuity between mabismo and leghismo due to the differing contexts in which each movement operated: the critical junctures of the post-war era and post-tangentopoli respectively. What emerges from a closer analysis of the relationship between the two movements, as mabismo evolved into leghismo in the 1980s is a picture of regional autonomism distancing itself from the ideal of national unity and being increasingly drawn to secessionism.

Founding principles and rights in new Statuti (fundamental regional charters) – Expression of sub – national constitutionalism? – Constitutional court: Statuti not regional constitutions – Provisions on founding principles and rights ‘cultural statements’ lacking any legal effect – Tertium Genus in addition to ‘prescriptive’ and ‘programmatic’ norms? – Various scenarios for potential legal conflicts between the national Constitution and the ‘cultural statements’

On 21 January 2009 the Belgian Constitutional Court terminated a long-lasting dispute over the conditions for affiliation to the care insurance scheme established by the Flemish Community. What started out as a classical conflict over the division of competences in Belgium resulted in a discussion about the impact of European Community (EC) law on the constitutional autonomy of the member states. Despite the entanglement between Belgian constitutional law and EC law, the Flemish care insurance case reveals the different perspectives of both legal orders. In this case, the dialogue between the Belgian Constitutional Court and the European Court of Justice (ECJ) through the preliminary ruling procedure could not prevent reverse discrimination.