re:constitution
2026/ 2027

Ilay Izmir

Subnational Bulwarks: State Parliaments, Regional Assemblies and Local Governments as Actors of Rule of Law Resilience in Germany, Spain and the United Kingdom

A woman with short wavy black hair who is wearing a nose and earring and a denim jacket.
(c) Pavel Sepi

Ilay Izmir works as the legal policy advisor and legal advisor to a parliamentary group in the State Parliament of North Rhine-Westphalia, where she focuses on legal and policy matters relating to the rule of law, judicial administration, constitutional affairs, the penal system, and legal education. She is also an elected council member in Düsseldorf. Ilay has achieved success in both German State Examinations with experience at the Department for International Relations of the State Chancellory of North Rhine- Westphalia and Rheinische Post Mediengruppe as part of her judicial training. She holds a degree in Law from the University of Münster with a focus on International and European Law and completed a semester abroad at the University Adolfo Ibáñez. Additionally, she has completed a Common Law Programme at the University of Münster.

Subnational Bulwarks: State Parliaments, Regional Assemblies and Local Governments as Actors of Rule of Law Resilience in Germany, Spain and the United Kingdom

On the one hand, sub-national entities increasingly act as a first line of defence: state constitutional courts such as the Bavarian Constitutional Court review state-level laws implementing federal regulations against state-specific fundamental rights standards, thereby opening up an additional constitutional review mechanism within the federal order. Spain's Comunidades Autónomas have repeatedly invoked the Tribunal Constitucional to contest the central government's encroachments on their competences, with the Catalan crisis of 2017 illustrating both the resilience potential and the limits of sub-national constitutional agency. The Scottish Parliament and the Welsh Parliament (Senedd Cymru) have repeatedly challenged Westminster on fundamental rights-sensitive policy areas. On the other hand, sub-national entities can themselves become instruments or targets of erosion: the systematic dismantling of municipal self-governance rights in Hungary through fiscal and legislative measures offers the paradigmatic negative comparator. The distinction between regional and municipal levels is analytically significant, as resilience potentials and vulnerabilities may manifest differently depending on the institutional level in question. The research project engages with this tension and asks about the conditions under which sub-national entities – regardless of their particular institutional level – generate rule of law resilience, rather than merely functioning as extended arms of central authority.