Download or read book Cooperative Federalism and the Doctrine of Subsidiarity written by Verena Hoene and published by . This book was released on 1994 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federalism and Subsidiarity written by James E. Fleming and published by NYU Press. This book was released on 2014 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book From Dual to Cooperative Federalism written by Robert Schütze and published by OUP Oxford. This book was released on 2013-01-31 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find "unity in diversity". The two most influential manifestations of the federal principle emerged under the names of "dual" and "cooperative" federalism in the constitutional history of the United States of America. Dual federalism is based on the idea that the federal government and the State governments are co-equals and each is legislating in a separate sphere. Cooperative federalism, on the other hand, stands for the thought that both governments legislate in the same sphere. They are hierarchically arranged and complement each other in solving a social problem. Can the European Union be understood in federal terms? The book's general part introduces three constitutional traditions of the federal idea. Following the American tradition, the European Union is defined as a Federation of States as it stands on the "middle ground" between international and national law. But what federal philosophy has the European Union followed? The special part of the book investigates the structure of European law. Three arguments are advanced to show the evolution of the European legal order from dual to cooperative federalism. The first looks at the decline of constitutional exclusivity on the part of the Member States and the European Union. For almost all objects of government, the Union and its States operate in a universe of shared powers. The second argument analyses the decline of legislative exclusivity. European and national legislation - increasingly - complement each other to solve a social problem. The third argument describes the "constitutionalisation" of cooperative federalism in the form of the principle of subsidiarity and the idea of complementary competences. A final Chapter is dedicated to Europe's foreign affairs federalism. It analyses, whether the external sphere must be regarded as subject to different constitutional or federal principles. The book concludes that cooperative federalism will benefit both levels of government - the Union and the Member States - as the constitutional mechanism of uniform European standards complemented by diverse national standards best expresses the federal idea of "unity in diversity".
Download or read book Federalism and Subsidiarity written by James E. Fleming and published by NYU Press. This book was released on 2014-06-27 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Definition and Limits of the Principle of Subsidiarity written by Alain Delcamp and published by Council of Europe. This book was released on 1994-01-01 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federalism and the Tug of War Within written by Erin Ryan and published by Oxford University Press, USA. This book was released on 2011 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Download or read book Administrative Regulation Beyond the Non Delegation Doctrine written by Marta Simoncini and published by Bloomsbury Publishing. This book was released on 2018-06-28 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of administration in the EU has been growing progressively together with the development of EU competences and tasks in the internal market. From the original model of a Community leaving enforcement with the Member States, the EU has become a complex legal order where administrative tasks are spread among different actors, including EU institutions, EU agencies and national administrations. Within this complex administrative law landscape, agencies and their powers have been essentially 'upgraded'. This volume asks whether any such 'upgrade' is compatible with EU law and its principles. Exploring both the case law of the CJEU and the regulation relating to EU agencies, the volume asks a crucial question about the legitimacy of the ever-increasing role of agencies in the enforcement of EU law.
Download or read book An Introduction to European Law written by Robert Schütze and published by Cambridge University Press. This book was released on 2015-06-25 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this classic introduction to European law features a new chapter on goods and rich online resources.
Download or read book Limits to EU Powers written by Jacob Öberg and published by Bloomsbury Publishing. This book was released on 2017-07-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRAISE FOR THE BOOK “...essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg's critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.” Samuli Miettinen, University of Helsinki & Tallinn University "The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond." Professor Jannemieke Ouwerkerk, Leiden Law School "An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution." Ester Herlin Karnell, VU University Amsterdam Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.
Download or read book The Sword and the Scales written by Cesare P. R. Romano and published by Cambridge University Press. This book was released on 2009-08-31 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sword and the Scales is the first in-depth and comprehensive study of attitudes and behaviors of the United States toward major international courts and tribunals, including the International Courts of Justice, WTO, and NAFTA dispute settlement systems; the Inter-American Court of Human Rights; and all international criminal courts. Thirteen essays by American legal scholars map and analyze current and past patterns of promotion or opposition, use or neglect, of international judicial bodies by various branches of the United States government, suggesting a complex and deeply ambivalent relationship. The United States has been, and continues to be, not only a promoter of the various international courts and tribunals but also an active participant of the judicial system. It appears before some of the international judicial bodies frequently and supports more, both politically and financially. At the same time, it is less engaged than it could be, particularly given its strong rule of law foundations and its historical tradition of commitment to international law and its institutions.
Download or read book Revisiting Unity and Diversity in Federal Countries written by Alain-G. Gagnon and published by BRILL. This book was released on 2018-09-17 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Enhanced Cooperation and European Tax Law written by Caroline Heber and published by Oxford University Press. This book was released on 2021 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the hybrid nature of enhanced cooperation law between the law of single Member States and secondary EU law. Furthermore, it identifies the limits to and challenges of enhanced cooperation law-making, and explains how State aid law provisions should be applied to enhanced cooperation laws. The book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.
Download or read book Democratic Federalism written by Robert P. Inman and published by Princeton University Press. This book was released on 2023-09-26 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Federalism, defined generally as a collection of self-governing regions under a central government, is widely viewed as a sensible choice of polity both for emerging democracies and for established states. But while federal institutions are positively correlated with valued economic, democratic, and justice outcomes, ultimately it is unclear how they are connected and which cause which. In Democratic Federalism, Robert Inman and Daniel Rubinfeld explore how federalism works and propose concrete and proven policy guidance on how federalist policies can be designed and implemented successfully. The authors define federalism according to three parameters: how much federal revenue comes through local governmental bodies, the number of local governmental bodies, and the extent to which these local bodies are represented federally. In applying these parameters to economic concepts and theory, Inman and Rubinfeld explain how federalism works in a way meant to engage scholars in political science and sociology and policymakers drafting regulation in federalist governments. The book offers applicable ideas and comparative case studies on how to assess potential policies and how to actually design federalist institutions from scratch. Both authors have real experience with both, most notably in their work advising the South African government on how to build a federalist democracy. This book will be an essential guide to understanding and applying federalist concepts and principles"--
Download or read book Foreign Affairs and the EU Constitution written by Robert Schütze and published by Cambridge University Press. This book was released on 2014-10-16 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.
Download or read book Federalism in Canada written by Thomas O. Hueglin and published by University of Toronto Press. This book was released on 2021-04-07 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism in Canada tells the turbulent story of shared sovereignty and divided governance from Confederation to the present time with three main objectives in mind. The first objective is to convince readers that federalism is the primary animating force in Canadian politics, and that it is therefore worth engaging with its complex nature and dynamic. The second objective is to bring into closer focus the contested concepts about the meaning and operation of federalism that are at the root of the divide between English Canada and Quebec in particular. The third objective is to give recognition to the trajectory of Canada’s Indigenous peoples in the context of Canadian federalism, from years of abusive neglect to belated efforts of inclusion. The book focuses on the constitution with its ambiguous allocation of divided powers, the pivotal role of the courts in balancing these powers, and the political leaders whose interactions oscillate between intergovernmental conflict and cooperation. This focus on executive leadership and judicial supervision is framed by considerations of Canada’s regionalized political economy and cultural diversity, giving students a compelling and nuanced view of federalism in Canada.
Download or read book The Court of Justice of the European Union written by Kate Shaw and published by BRILL. This book was released on 2018-03-20 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Court of Justice of the European Union, Subsidiarity and Proportionality Kate Shaw sets out how a subsidiarity and proportionality review applied to competences could be anchored by the Court of Justice when balancing the competing interests in cases concerning the residency rights of EU citizens. The book also considers the extent to which a court which is dedicated to enhancing the European project is really able to be an independent arbiter between the EU and the Member States in this context. Both the legal reasoning of the Court and the controversial nature of residency rights of EU citizens are legally and politically very topical at the moment and of interest to legal academics and law students.
Download or read book Boundaries of State Boundaries of Rights written by Tsvi Kahana and published by Cambridge University Press. This book was released on 2016-10-20 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays draws together innovative scholars to examine the relationship between two legal and political phenomena: the shrinking of the state as a monopoly of power in favour of the expansion of power over individuals in private hands, and the change in the nature of rights. The authors expertly discuss the implications of the changing boundaries of state power, the legal responses to this development, its application to human rights, and re-conceptualizations of public life as obligations are handed over to private hands. This innovative book deals with an important set of problems and offers a fresh perspective of different legal themes in an integrated fashion.
