In Search Of The Federal Spirit

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In Search of the Federal Spirit is a major new examination of the theory and practice of federal state formation in the post-Cold War era. It introduces the concept of the federal spirit as a means of exploring the emergence of a range of new political models.

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Genre : Law
Author : Michael Burgess
Publisher : Oxford University Press (UK)
Release : 2012-12-20
File : 356 Pages
ISBN-13 : 9780199606238


Understanding Federalism And Federation

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Based on a variety of contemporary debates on federal theory Understanding Federalism and Federation honours Michael Burgess’ contribution to the study of these topics through a selection of approaches, theories, debates and interpretations. Gathering contributors from diverse subfields to synthesize current debates it offers a snapshot of the immense range of current research on federalism and federation. Leading authors debate key issues such as American federalism, Canada and the role of Quebec, the latest insights into comparative federalism and federation, the European Union as a federal project and the analysis of constitutional courts in federal systems. Different theoretical and empirical fields and perspectives are brought together, synthesizing major findings and addressing emerging issues and these topics are analysed through multiple lenses to provide new insights, original approaches and much-needed theoretical and empirical data on federalism and federation.

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Genre : Political Science
Author : Alain-G. Gagnon
Publisher : Routledge
Release : 2016-03-09
File : 354 Pages
ISBN-13 : 9781317004950


Beyond Autonomy

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Beyond Autonomy forces readers to rethink the purpose of autonomy as a central organising pillar of federalism asking how modern federalism can be reimagined in the 21st Century.

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Genre : Law
Author : Tracy B. Fenwick
Publisher : BRILL
Release : 2021-03-01
File : 266 Pages
ISBN-13 : 9789004446755


Federal Challenges And Challenges To Federalism

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Discussing what we may learn from thinking about the EU in federal terms represents a two-fold challenge. It is on the one hand a matter of establishing ‘how federal’ the EU is (the EU’s federal challenge). On the other, the EU has federal features but is not a state, thus raising the question of whether federal theory and practice may have to be adapted to take proper account of the EU (the EU’s challenge to federalism). The contributions to this collection supplement and extend existing scholarship through focusing on two important lines of inquiry. The first focuses on the relationship between federalism and democracy, with particular emphasis on how federal systems respond to and deal with citizens’ interests and concerns, within and outside the political system. Representation is explored both in the process of federalization, and as a feature of established systems. The second line of inquiry places the emphasis on the relationship among the governments of federal systems. The focus is on intergovernmental relations, and the particular merits that emanate from studying these from a federal perspective. This book was originally published as a special issue of Journal of European Public Policy.

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Genre : Political Science
Author : John Erik Fossum
Publisher : Routledge
Release : 2018-12-07
File : 272 Pages
ISBN-13 : 9781351579469


The United Kingdom And The Federal Idea

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How should political power be divided within and among national peoples? Is the nineteenth-century theory of the sovereign and unitary State still fit for purpose in the twenty-first century? If not, can federalism provide a viable alternative model? This collection looks at federalism from the perspective of constitutional law. Taking the United Kingdom as a case study, Part One tracks the historical evolution of the 'Union' and explores the various expressions of federalism that emerged between the eighteenth and twentieth centuries. Part Two then assesses the experience of sovereignty-sharing with other nations in the context of international cooperation. Drawing on the expertise of the foremost commentators in their field, The United Kingdom and the Federal Idea provides a timely and reflective evaluation of how constitutional authority is being re-ordered within and beyond the United Kingdom.

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Genre : Law
Author : Robert Schütze
Publisher : Bloomsbury Publishing
Release : 2018-06-28
File : 327 Pages
ISBN-13 : 9781509907151


The Constitutional Theory Of The Federation And The European Union

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From the start of the European integration process, one question has puzzled scholars: what type of political association is the European Union? In absence of an agreed upon response, most scholars have suggested that the European Union is 'sui generis'. This book challenges the sui generis thesis by demonstrating that the EU is not a unique form of association, but rather a federal union of states, or what this book calls a federation. This is a discrete form of political association on par with, though differentiated from, political modernity's two other main forms, namely the state and the empire. The federation cannot be understood on the basis of the general theory of the state or its concept of sovereignty. The 'statist' imaginary still dominates both the debates on federalism and the EU, meaning that all federal policies are either seen as 'confederal' associations of sovereign states or sovereign federal states. This book challenges this binary by demonstrating that the federation is not a 'super state' but a discrete political form with its own constitutional theory. It is characterized by a double political existence, a lack of internal hierarchy, and the internal absence, contestation, or repression of sovereignty. This book details the key aspects of federal constitutional theory and how this theory accounts for the EU's constitutional form as well as the crises it has faced in recent years. This book is broken into five chapters that cover the introduction to federalism, origins of the EU, state transformation and teleology, unity in diversity, and emergency rule without a sovereign. This book draws on a variety of literatures and historical material to help the reader develop a critical understanding of 'constitutional myths' and the theory of federalism.

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Genre : Law
Author : Signe Rehling Larsen
Publisher : Oxford University Press
Release : 2021-02-04
File : 224 Pages
ISBN-13 : 9780192603005


Revisiting Unity And Diversity In Federal Countries

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The principal aim of this book is to revisit the basic theme of “unity and diversity” that remains at the heart of research into federalism and federation. It is time to take another look at its contemporary relevance to ascertain how far the bifocal relationship between unity and diversity has evolved over the years and has been translated into changing conceptual lenses, practical reform proposals and in some cases new institutional practices. This book is structured around four main parts: (1) the evolving conception of diversity over time and across continents; (2) the interplay between unity and diversity in complex settings; (3) federalism as decision-making and new institutional practices that have been put forward and tested; and (4) constitutional design and asymmetrical federalism as a way to respond to legitimate and insisting claims and political demands.

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Genre : Law
Author : Alain-G. Gagnon
Publisher : BRILL
Release : 2018-09-24
File : 512 Pages
ISBN-13 : 9789004367180


The Making And Ending Of Federalism

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This compilation, The Making and Ending of Federalism, includes the main topics addressed by recognized experts on federalism at the Conference of the International Association of Federal Studies (IACFS) held in Innsbruck, Austria, on 28-30 October 2021. It analyzes how federal and quasi-federal systems are created and if there are common patterns or certain conditions that promote the emergence or the demise of federal systems, including case studies from Brazil, Spain, and Italy.

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Genre : Law
Author :
Publisher : BRILL
Release : 2024-08-08
File : 258 Pages
ISBN-13 : 9789004528581


The Limits And Legitimacy Of Referendums

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The possibility of democracy-enhancing uses and anti-democratic abuses of referendums reveals a paradox: mechanisms of democracy can be exploited to do violence to the basic principles of democracy. The Limits and Legitimacy of Referendums seeks to identify standards we might use to assess the democratic legitimacy of a referendum when we cannot rely on the norms of traditional liberal democracy. This innovative book explores how referendums manage the tension between liberalism and democracy, and whether this device holds promise for reconciling these two commitments. A range of scholars from around the world expose how referendums may be abused on one hand to achieve short-term political or even personal gains, and how, on the other, they may aspire to reflect the best traditions of deliberative, innovative, democracy-enhancing popular decision-making. Structured around three big questions, this book seeks to identify what makes a referendum legitimate. First, why have referendums on issues of fundamental political importance become so frequent around the world? Second, who are - or who should be - the people that make decisions about a political community's future? And third, are referendums an effective and reliable mechanism of popular sovereignty or democratic choice? These essays - written for scholars, public lawyers, political actors and citizens - bring together diverse perspectives on referendums, constitutionalism, liberalism and democracy in ways that challenge the conventional wisdom, prompt new answers to enduring questions, and urge reconsideration of how we evaluate the legitimacy of referendums.

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Genre : Law
Author : Richard Albert
Publisher : Oxford University Press
Release : 2022-04-25
File : 321 Pages
ISBN-13 : 9780192637796


The Political Economy Of Federalism In Nigeria

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This book uses the political economy approach to examine the relative failure of federalism in Nigeria. It shows the nexus between the political and the economic aspects of the country’s federalism. The central feature of Nigeria’s political economy is the relationship between oil resources and the state. The author argues that the inability of the federal government to distribute the oil wealth fairly amongst the component units contributes to the dysfunctional character of the federal system. This deficiency is rooted in the country’s unbalanced political economy, which promotes over-dependency on oil and consequently an over-centralised federal system. The book concludes that despite its complexities, federalism has become the basis for the country’s stability. Therefore, ethno-regional demands for ‘true federalism’ will continue until the political elite reform the ailing federal system.

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Genre : Political Science
Author : Dele Babalola
Publisher : Springer
Release : 2018-12-29
File : 188 Pages
ISBN-13 : 9783030054939