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Author: Daniel Halberstam Publisher: Springer Science & Business Media ISBN: 9400773986 Category : Law Languages : en Pages : 554
Book Description
How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam
Author: Daniel Halberstam Publisher: Springer Science & Business Media ISBN: 9400773986 Category : Law Languages : en Pages : 554
Book Description
How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam
Author: Charlie Jeffrey Publisher: A&C Black ISBN: 9781855675803 Category : Political Science Languages : en Pages : 406
Book Description
Understanding Germany's federal structure is crucial to understanding contemporary Germany. The federal system shaped the way German unification was carried out, it shapes the way in which policies are made, and it plays a role in determining the way in which Germany presents its priorities in the EU. The first part of the book analyzes the nature of pre-unification West German federalism and the unique challenge posed for the federal system by unification. Part 2 takes stock of key issues in the operation of post-unification federalism, including the policy process, the role of parties in federalism, conflicts of interest over financial allocations, and the impact of deepening European integration. The final part offers a series of critical perspectives which address the long-term legacies of unification and increasing pressures for reform.
Author: Charlie Jeffery Publisher: Routledge ISBN: 1135234574 Category : Political Science Languages : en Pages : 204
Book Description
This is an assessment of how an established, federal constitutional framework can adapt to meet the challenge posed by the achievement of German unity and the deepening of european Unity.
Author: Anthony J. Bellia Jr. Publisher: Aspen Publishing ISBN: 1454887699 Category : Law Languages : en Pages : 765
Book Description
This exciting book by Anthony J. Bellia is a unique collection of legal and scholarly materials intended for use in a range of courses, including Constitutional Law, Federalism, Federalism History, Federalism Theory, and Comparative Federalism. The first book of its kind, Federalism spans traditional subject areas, which allows a deeper and richer treatment of the subject. Features: Considers federalism questions across subject areas Transcends lines drawn by courses such as Constitutional Law, Federal Courts, and Civil Procedure Enables fuller and richer treatment of the subject of federalism Includes primary historical and theoretical sources relating to legal development and enduring questions Increases understanding of constitutional doctrine and fosters interdisciplinary learning Presents foundational materials useful for a range of courses on federalism
Author: James E. Fleming Publisher: NYU Press ISBN: 1479821306 Category : Law Languages : en Pages : 460
Book Description
"In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to "remap" federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations"--
Author: Ingolf Pernice Publisher: Juris Publishing, Inc. ISBN: 9783789042218 Category : Federal government Languages : en Pages : 195
Book Description
Constitutional, Federal and Subsidiarity Aspects - The European Union and the United States of America ComparedThis collection of reports and comments from the First and Second Symposium of the Columbia Law School and the Law Faculty of the Johann Wolfgang Goethe-University Frankfurt a. Main on Comparative Law (held respectively in 1995 and 1996) deal with issues of regulatory federalism and harmonization of laws in comparative perspective. The scope of the reports and comments are broad enough to cover both constitutional principles, on the one hand, and specific areas of legislation--environmental, labor and corporate law--on the other. The purpose was to discuss the concepts of federalism and subsidiarity not only in the abstract, but also as against practical needs and political reality.
Author: Melissa V. Holdstedt Publisher: Nova Publishers ISBN: 9781600211546 Category : Political Science Languages : en Pages : 86
Book Description
Since the ratification of the Constitution, which established a union of states under a federal system of governance, two questions have generated considerable debate: What is the nature of the union? What powers, privileges, duties, and responsibilities does the Constitution grant to the national government and reserve for the states and the people? During the more than 200-year history of the Constitution, these issues have been debated time and again and have shaped and been shaped by the nation's political, social, and economic history. This book examines the history and current issues of federalism.
Author: Daniel Ziblatt Publisher: Princeton University Press ISBN: 9780691121673 Category : History Languages : en Pages : 246
Book Description
This study explores the following puzzle: Upon national unification, why was Germany formed as a federal state and Italy a unitary state? Ziblatt's answer to this question will be of interest to scholars of international relations, comparative politics, political development, and political and economic history.
Author: Daniel Halberstam
Author: Daniel Halberstam
Author: Charlie Jeffrey
Author: Charlie Jeffery
Author: Anthony J. Bellia Jr.
Author: James E. Fleming
Author: Ivan Bernier
Author: Ellis Katz
Author: Ingolf Pernice
Author: Melissa V. Holdstedt
Author: Daniel Ziblatt