Download or read book Federalism and the Tug of War Within written by Erin Ryan and published by Oxford University Press. This book was released on 2012-01-12 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 The Tenth Amendment and State Sovereignty written by Mark Robert Killenbeck and published by Rowman & Littlefield. This book was released on 2002 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the 2000 Election, the relationship between the Supreme Court and the American states has become more important. Once derided by the Supreme Court as a 'truism, ' the Tenth Amendment has in recent years been transformed from a neglected provision into a vital 'first principle.' As such, it has provided the foundation for a series of decisions in which the Supreme Court has elevated the status of the states, often at the expense of federal power and in the face of previously settled assumptions. In this important volume, four prominent scholars--two historians and two law professors--examine carefully one of the central tenets in the Supreme Court's recent Tenth Amendment jurisprudence: the assumption that the results fashioned by a narrow majority are compelled by history and consistent with the intentions of the framers. They shed important new light on a series of decisions that mark a major change in our thinking about the nature of a constitutional system within which both the federal government and the states properly regard themselves as sovereign entities.

Download or read book The Federal Vision written by Kalypso Nicolaïdis and published by Oxford University Press. This book was released on 2001 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended for scholars and students of European Union, Political Science, International Law, International Relations, Political Economy, Comparative Federalism, European and American Politics

Download or read book Indian Federalism written by Louise Tillin and published by Oxford University Press. This book was released on 2019-05-04 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand how politics, the economy, and public policy function in the world’s largest democracy, an appreciation of federalism is essential. Bringing to surface the complex dimensions that affect relations between India’s central government and states, this short introduction is the one-stop account to federalism in India. Paying attention to the constitutional, political, and economic factors that shape Centre–state relations, this book stimulates understanding of some of the big dilemmas facing India today. The ability of India’s central government to set the economic agenda or secure implementation of national policies throughout the country depends on the institutions and practices of federalism. Similarly, the ability of India’s states to contribute to national policy making or to define their own policy agendas that speak to local priorities all hinge on questions of federalism. Organised in four chapters, this book introduces readers to one of the key living features of Indian democracy.

Download or read book Encyclopedia of World Political Systems written by J. Denis Derbyshire and published by Routledge. This book was released on 2016-04-15 with total page 2172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive resource provides up-to-date political coverage of every country and political entity in the world today. It incorporates all the major global and regional changes following the decolonization of Hong Kong in 1997, recent leadership changes in China and Russia, the results of the Dayton Peace Accord, the rise of the New Labor Party in the UK, the 1999 elections in Israel and South Africa, and the continued search for peace in the Middle East and Northern Ireland. The economic crisis in Asia and the widespread growth of world nuclear powers are also covered.

Download or read book Federalism and International Relations written by Paul Martin and published by . This book was released on 1968 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Dynamics of Federalism in National and Supranational Political Systems written by Michael A. Pagano and published by Palgrave Macmillan. This book was released on 2007-02-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nation states around the globe are increasingly raising the 'federalism' card as a means of explaining their commitment to democracy, self-determination, and recognition of the rights of all peoples. Yet, the term federalism does not convey the same set of institutions, values and beliefs to all people at all times. This collection of essays is designed to help scholars and practitioners understand the fluid and dynamic nature of federalism, with particular emphasis on the federal system in the United States. The book is written to aid our understanding of the contemporary question 'which federalism?'

Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Download or read book Fiscal Decentralization and Local Finance in Developing Countries written by Roy Bahl and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws on experiences in developing countries to bridge the gap between the conventional textbook treatment of fiscal decentralization and the actual practice of subnational government finance. The extensive literature about the theory and practice is surveyed and longstanding problems and new questions are addressed. It focuses on the key choices that must be made in decentralizing, on how economic and political factors shape the choices that countries make, and on how, by paying more attention to the need for a more comprehensive approach and the critical connections between different components of decentralization reform, everyone involved might get more for their money.

Download or read book The Constitution and the Conduct of American Foreign Policy written by David Gray Adler and published by . This book was released on 1996 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and readable volume, eleven leading constitutional authorities challenge "business as usual" in American foreign policymaking. For far too long, they contend, Americans have acquiesced to presidential claims to sweeping executive powers in foreign affairs—thanks to imperial-minded presidents, a weak-willed Congress, and neglectful scholars. These authors forcefully argue that the president is not the supreme crafter of foreign policy and that Congress must provide more than a rubber stamp for the president's agenda. Unilateral presidential control of foreign relations, they warn, can pose a grave threat to our nation's welfare and is simply without constitutional warrant. Combining constitutional theory with keen historical insights, these authors illuminate the roots of presidential abuse of executive power and remind us of the past and potential costs of such disregard for our unique system of checks-and-balances. An essential guide for all concerned citizens and members of Congress, this volume should help revive a proper understanding of this crucial dimension of American democracy.

Download or read book Handbook of Fiscal Federalism written by E. Ahmad and published by Edward Elgar Publishing. This book was released on 2006 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides comprehensive coverage of fiscal federalism by some of the leading scholars in the field. . . This Handbook is an excellent addition to the present discourse on the role of the state in fiscal matters. This reviewer would recommend this book as a required text for a graduate or senior class on public finance or economic development. Researchers in economic development, public finance, and fiscal policy likewise would find this volume useful. Highly recommended. Upper-division undergraduate through professional collections. J. Raman, Choice This major Handbook addresses fiscal relations between different levels of government under the general rubric of fiscal federalism , providing a review of the latest literature as well as an invaluable guide for practitioners and policy makers seeking informed policy options. The contributors include leading lights in the field, many of whom have themselves made seminal contributions to the literature. Comprehensive and wide in coverage, the issues covered range from federal systems to other forms of intergovernmental relations, such as supra-national constructs namely, the European Union unitary states, regional systems, and more decentralized operations, including community level organizations. The political economy approach emphasizes the importance of institutional arrangements, including the legal, political and administrative aspects, and information flows to ensure that there are appropriate incentives and sanctions to generate good governance. This Handbook also devotes attention to emerging issues, such as environmental protection, the sharing of natural resources among levels of government, corruption and the impact of federalism and decentralization on national unity. It will be a vital reference tool for the area for many years to come.

Download or read book The Strategic Constitution written by Robert D. Cooter and published by Princeton University Press. This book was released on 2020-06-30 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.

Download or read book Minority Accommodation Through Territorial and Non territorial Autonomy written by Tove H. Malloy and published by Minorities & Non-Territorial A. This book was released on 2015 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries autonomy has been a public policy tool used to provide stability and cohesion to multicultural societies. Examining case studies on non-territorial autonomy arrangements in comparison with territorial autonomy examples, this book informs both design and decision making on managing diversity.

Download or read book Fidelity Constraint written by Lawrence Lessig and published by Oxford University Press. This book was released on 2019-04-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

Download or read book Some Aspects of Separation of Powers written by Edward Hirsch Levi and published by . This book was released on 1975 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Marijuana Federalism written by Jonathan H. Adler and published by . This book was released on 2020 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal "controlled substance" under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly regarded legal scholars and policy analysts, is the first detailed examination of these and other questions surrounding a highly unusual conflict between state and federal policies and laws. Marijuana Federalism surveys the constitutional issues that come into play with this conflict, as well as the policy questions related to law enforcement at the federal versus state levels. It also describes specific areas--such as banking regulations--in which federal law has particularly far-reaching effects. Readers will gain a greater understanding of federalism in general, including how the division of authority between the federal and state governments operates in the context of policy and legal disputes between the two levels. This book also will help inform debates as other states consider whether to jump on the bandwagon of marijuana legalization.

Download or read book Autonomy written by Ruth Eschelbacher Lapidoth and published by US Institute of Peace Press. This book was released on 1997 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: