This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.

In the early republic, constitutional debates over federal-state relations were fundamental to party battles and divergent conceptions of republicanism. Then, as now, theories about the sources and nature of federal power informed public debate, policy, and judicial decisions. In examining the conflicts of the revolutionary era, Lenner's work provides a ground-breaking overview of the 'culture of constitutionalism'--the clash of ideas about the nature and structure of Union--that pervaded the early republic.

A significant part of the world's population lives under some sort of federal arrangement. And yet, the concepts of federalism and federation remain under-theorised. Federalist theorists have, for the most part, defined their object by opposition to the unitary state. As a result, they have not developed public law theories that capture the specificity of this type of polity. Bringing together contributions from leading public law theorists and intellectual historians, this volume explores the foundations of federalism. It develops novel perspectives on the core problems of traditional federalist theory and charts new departures in federalist theory and federal power-sharing. At a time when we look for more inclusive ways of ordering public life, the volume fills an urgent theoretical and political need.

In Search of the Federal Spirit examines federal theory in the context of the new federal models that have sprung into existence since the end of the Cold War. It utilises the federal spirit as a conceptual lens through which to explore the revival of federalism in the post-Cold War era - especially in the 1990s - and it seeks to place the emergence of these new models in the theoretical context of federal state formation. By examining the approaches of five major contributors to the nature and meaning of federalism - Kenneth Wheare, William Livingston, William Riker, Carl Friedrich, and Daniel Elazar - the book identifies several different expressions of the federal spirit that together constitute its basic political values and principles rooted in liberal democracy. The book explains how and why the federal spirit can survive and prosper only in conditions of liberal democracy which allow these federal values and principles to be freely expressed. In this way the book will connect the five distinctive approaches to understanding federalism and their peculiar interpretation of the federal spirit to the emergence of the new models. This chain of reasoning leads us to look not only at federal state formation based upon formal federal constitutions but also to include the evolution of federal political systems that are an integral part of the post-Cold War revival of federalism. The new federal models are the Russian Federation, Belgium, the European Union, Ethiopia, Bosnia-Herzegovina, Nigeria, Venezuela, and Iraq while Spain, Italy, South Africa, Argentina, and the United Kingdom have each fashioned their own form of federal system in practice. The logic of the argument based upon the federal spirit leads not only to a revisionist framework of analysis to explain the key conditions of future federal state formation but it also prompts a major reconsideration of the conventional conceptual framework of analysis in federalism and the proposal of a new classification of "federal democracies". Confirmation of the firm links between federalism and liberal democracy is further underlined by a detailed examination of the conceptual relationships between civil society, political culture, and liberal democratic constitutionalism. The federal spirit is shown to be multidimensional in its properties and the book concludes with three cases studies of Ethiopia, Bosnia-Herzegovina, and Iraq that establish federalism as essentially a way of thinking - a mindset - about creating political stability in deeply divided societies by creating federations.

This extensive revision of the landmark Leading Constitutional Decisions brings together recent Charter cases with the classical cases on the Canadian Constitution. An introductory essay traces the evolution and distinctive features of judicial review in Canada and includes references to the Constitution Act, 1982, and the important changes resulting from it.

For Graduate and Post Graduate Students of Indian Universities and also useful for competitive examinations.

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

‘A Case for a Federal India’ involves a novel study on comparative federalism. The author makes out a case against the quasi-federal or unitary characterisation of the Constitution of India by the jurists and justices alike. India has often been characterised as a quasi-federal nation considering that it possesses several unitary features which may not be present in a traditional federation such as the United States of America or Australia. However, these characterisations did not involve an in-depth study of federalism. The author argues that even the traditionally federal constitutions are not purely federal in the modern day, considering that the courts and governments have introduced several unitarian features which were not present when these federations came into existence. For instance, the two World Wars and the Great Economic Depression necessitated a stronger federal government in the U.S.A. to effectively counter these situations. As a necessary corollary, several constitutional amendments were introduced to grant strong unitarian powers to the federal government such as the emergency powers. Therefore, the present position of India concerning federalism is very much similar to the modern-day federations of the U.S.A. and Australia, rendering the quasi-federal characterisation questionable. This book attempts an in-depth study of federalism and argues against the quasi-federal characterisation of India.

This volume the second by this editorial team addresses many of the issues to be resolved if we are to manage environmental public goods efficiently and sustainably. What is the right scale of governance? What makes for effective public private partnership? What makes governance systems effective? When do we need supranational governance? Given the complex nature of social-ecological systems these are hard questions. Breton and his collaborators answer them in ways that are both convincing and insightful. A very valuable contribution. Charles Perrings, Arizona State University, US Environmental policy, focusing on the control of pollution and on over-exploitation, easily overlooks the extensive range of interconnections between economic activities and natural systems. In this timely book, a number of specialists examine how crucial aspects of complex environmental problems and policy can be dealt with in decentralized governmental systems. Bridging the gap between the conventional environmental federalism literature and advances in environmental and ecological economics that have been made over the last two decades, this innovative book explores alternative solutions to the problem of assigning powers over the environment. It deals with important issues in environmental governance including interjurisdictional contracting, discounting, risk management, eliciting compliance, and environmental accounting in each case concentrating on the comparative advantage of governments at different jurisdictional levels in implementing optimal policies. Offering a comprehensive approach to environmental policy, this book will be a valuable resource for researchers and students in environmental economics, environmental politics, governance and decentralization. It will also benefit practitioners and policy-makers with responsibilities over the environment.

Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada.