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Author: Anand Menon Publisher: Oxford University Press, USA ISBN: 0199291101 Category : Law Languages : en Pages : 384
Book Description
Comparative federalism is an important topic, with scholarly work comparing the US & EU 'proliferating rapidly'. This volume seeks to build on & contribute to this literature, by developing a systematic comparison of the institutions, policies & developmental patterns of the European Union & the United States.
Author: Anand Menon Publisher: Oxford University Press, USA ISBN: 0199291101 Category : Law Languages : en Pages : 384
Book Description
Comparative federalism is an important topic, with scholarly work comparing the US & EU 'proliferating rapidly'. This volume seeks to build on & contribute to this literature, by developing a systematic comparison of the institutions, policies & developmental patterns of the European Union & the United States.
Author: Andrea Daniel Publisher: GRIN Verlag ISBN: 3640433882 Category : Political Science Languages : en Pages : 76
Book Description
Master's Thesis from the year 2009 in the subject Politics - Topic: European Union, grade: A-Grade with Distinction, South Bank University London (Faculty of Art and Human Sciences), language: English, abstract: The thesis of this work is that the European Community is a self-standing federal state with inadequate political power, as the Member States keep essential core competences in the fields of Foreign, Defence and Monetary Policy to themselves or limit them to the intergovernmental “pillars” of the European Union. Although it is not yet adequately filled with political competences, the structural shell of the European Community is suitable to fulfil all tasks that should, in the best interest of all Member States, be fulfilled on the federal level. Today’s European Community has developed the three elements of a state (Territory, Original Power and Permanent Population). The European Community has outgrown the former restrictions and limitations of e.g. the direct effectiveness of the legal order, the “originality” and quality of legisla-tive, executive and judiciary power and of the self-standing quality of the Citizenship of the Union. A comparison with the structural, legal and legitimistic elements of the German and the Canadian federations shows that the Community’s system has adopted very similar, sometimes even almost identical, features. The state quality, which is regarded as a “given” when it comes to Germany or Canada, should there-fore no longer be denied to the Community. Still not vanished but very much reduced is the Community’s traditional “democratic deficit”. The competences of the Euro-pean Parliament have been significantly expanded and the Community also found other ways of civil society’s participation. Besides that it adopted the doctrine of “checks and balances” of separated state powers. The transfer of political powers and competences has, however, not kept pace with the structural development. Es-sential areas of Foreign, Defence and Monetary Policy are still a prerogative of the Member States. As a result the European Federal State cannot use its potential, e.g. its enormous “bargaining power” on the international stage or the full capacity of the internal market’s and single currency’s economic power to produce economical and political surplus beneficial for all Member States. Therefore the key competences should be transferred to the Community’s supreme legislative competence under full responsibility of the European Parliament. This process should not be hindered by the frequently mentioned lack of inner cohesion in the Community due to a lack of “cultural identity”.
Author: Andrea Daniel Publisher: GRIN Verlag ISBN: 3640433521 Category : Political Science Languages : en Pages : 77
Book Description
Master's Thesis from the year 2009 in the subject Politics - International Politics - Topic: European Union, grade: A-Grade with Distinction, South Bank University London (Faculty of Art and Human Sciences), language: English, abstract: The thesis of this work is that the European Community is a self-standing federal state with inadequate political power, as the Member States keep essential core competences in the fields of Foreign, Defence and Monetary Policy to themselves or limit them to the intergovernmental "pillars" of the European Union. Although it is not yet adequately filled with political competences, the structural shell of the European Community is suitable to fulfil all tasks that should, in the best interest of all Member States, be fulfilled on the federal level. Today's European Community has developed the three elements of a state (Territory, Original Power and Permanent Population). The European Community has outgrown the former restrictions and limitations of e.g. the direct effectiveness of the legal order, the "originality" and quality of legisla-tive, executive and judiciary power and of the self-standing quality of the Citizenship of the Union. A comparison with the structural, legal and legitimistic elements of the German and the Canadian federations shows that the Community's system has adopted very similar, sometimes even almost identical, features. The state quality, which is regarded as a "given" when it comes to Germany or Canada, should there-fore no longer be denied to the Community. Still not vanished but very much reduced is the Community's traditional "democratic deficit". The competences of the Euro-pean Parliament have been significantly expanded and the Community also found other ways of civil society's participation. Besides that it adopted the doctrine of "checks and balances" of separated state powers. The transfer of political powers and competences has, however, not kept pace with the structural development. Es-sential area
Author: R. Daniel. KELEMEN Publisher: Harvard University Press ISBN: 0674039424 Category : Business & Economics Languages : en Pages : 257
Book Description
This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
Author: Kalypso Nicolaidis Publisher: OUP Oxford ISBN: 0191529621 Category : Political Science Languages : en Pages : 558
Book Description
The Federal Vision is about the complex and changing relationship between levels of governance within the United States and the European Union. Based on a transatlantic dialogue between scholars concerned about modes of governance on both sides, it is a collective attempt at analysing the ramifications of the legitimacy crisis in our multi-layered democracies, and possible remedies. Starting from a focus on the current policy debatea over devolution and subsidiarity, the book engages the reader in to the broader tension of comparartive federalism. Its authors believe that in spite of the fundamental differences between them, both the EU and the US are in the process of re-defining a federal vision for the 21st century. This book represents an important new contribution to the study of Federalism and European integration, which seeks to bridge the divide between the two. It also bridges the traditional divide between technical, legal or regulatory discussions of federal governance and philosophical debates over questions of belonging and multiple identities. It is a multi-disciplinary project, bringing together historians, political scientists and theorists, legal scholars, sociologists and political economists. It includes both innovative analysis and prescriptions on how to reshape the federal contract in the US and the EU. It includes introductions to the history of federalism in the US and the EU, the current debates over devolution and subsidarity, the legal framework of federalism and theories of regulatory federalism, as well as innovative approaches to the application of network analysis, principal-agent models, institutionalist analysis, and political theories of citizenship to the federal context. The introduction and conclusion by the editors draws out cross-cutting themes and lessons from the thinking together of the EU and US experiences, and suggest how a federal vision could be freed from the hierarchical paradigm of the federal state and articulated around concepts of mutal tolerence and empowerment.
Author: Sergio Fabbrini Publisher: Routledge ISBN: 1134315813 Category : Political Science Languages : en Pages : 220
Book Description
This book brings together influential political scientists and historians to compare the European and American experiences of federalism, exploring the future development and seeking a better understanding of a post-national EU democracy.
Author: Joachim Jens Hesse Publisher: OUP Oxford ISBN: 9780198279921 Category : Political Science Languages : en Pages : 440
Book Description
The constitutional and institutional development of the European Union, and federalism in particular, are widely and intensively debated. The issue of federalism has proved to be divisive and misunderstood. This book provides a critical reappraisal of the political, economic, and socio-cultural potential of current federal political-institutional arrangements. It includes both an analysis of their necessary preconditions as well as an evaluation of their advantages and disadvantages compared with other forms of state organization. The authors examine the issue at the level of the Union, the member states, and the states of Central and Eastern Europe, reflecting the increasing interdependence and interplay of these three levels: nation states in all parts of Europe influencing one another and the Union, and being influenced by it. The book concludes with an overall assessment of the federalizing processes at work in Europe, both at the Union and the nation state level, and points out the problems, paradoxes, and likely outcomes of these processes.
Author: Robert Schütze Publisher: Oxford University Press, USA ISBN: 0199238588 Category : Law Languages : en Pages : 428
Book Description
What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.
Author: Elke Cloots Publisher: Bloomsbury Publishing ISBN: 184731998X Category : Law Languages : en Pages : 438
Book Description
This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.
Author: Anand Menon
Author: Anand Menon
Author: Andrea Daniel
Author: Andrea Daniel
Author: R. Daniel. KELEMEN
Author: Kalypso Nicolaidis
Author: Sergio Fabbrini
Author: Joachim Jens Hesse
Author: Robert Schütze
Author: Elke Cloots
Author: J. H. H. Weiler