Download or read book Federalism and Legal Unification written by Daniel Halberstam and published by Springer Science & Business Media. This book was released on 2013-11-21 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Recasting German Federalism written by Charlie Jeffrey and published by A&C Black. This book was released on 1999-01-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Federalism Unification and European Integration written by Charlie Jeffery and published by Routledge. This book was released on 2014-01-14 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Cooperative Federalism written by Gerald Brown and published by . This book was released on 2007-03-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A 70 page booklet describing the legal relationship between the States of the Union and the United States government. The States of the Union are sovereign and existed before the United States government was formed. The people of the States created the federal government as an agency to coordinate and simplify legal and business issues that differed among the States. The United States government is a federal government with limited, enumerated authority, not a national government with plenary, unlimited authority. The States of the Union are not subdivisions of the United States government, but are separate, distinct, and foreign to that government. Members of Congress are sent there by the vote of the people of the respective States of the Union to represent their wishes for how the United States government will create and enforce laws, regulations, and policies that affect them and other Americans in all the Union States and in the territories owned or managed by the United States government. Laws, regulations, and policies created for the territories have no authority in the States of the Union. The President is the CEO of the federal government and is required to properly enforce the laws enacted by Congress. We the people control the federal government through elections and the courts.

Download or read book Structuring the State written by Daniel Ziblatt and published by Princeton University Press. This book was released on 2008-01-21 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germany's and Italy's belated national unifications continue to loom large in contemporary debates. Often regarded as Europe's paradigmatic instances of failed modernization, the two countries form the basis of many of our most prized theories of social science. Structuring the State undertakes one of the first systematic comparisons of the two cases, putting the origins of these nation-states and the nature of European political development in new light. Daniel Ziblatt begins his analysis with a striking puzzle: Upon national unification, why was Germany formed as a federal nation-state and Italy as a unitary nation-state? He traces the diplomatic maneuverings and high political drama of national unification in nineteenth-century Germany and Italy to refute the widely accepted notion that the two states' structure stemmed exclusively from Machiavellian farsightedness on the part of militarily powerful political leaders. Instead, he demonstrates that Germany's and Italy's "founding fathers" were constrained by two very different pre-unification patterns of institutional development. In Germany, a legacy of well-developed sub-national institutions provided the key building blocks of federalism. In Italy, these institutions' absence doomed federalism. This crucial difference in the organization of local power still shapes debates about federalism in Italy and Germany today. By exposing the source of this enduring contrast, Structuring the State offers a broader theory of federalism's origins that will interest scholars and students of comparative politics, state-building, international relations, and European political history.

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 The Lander and German Federalism written by Arthur Gunlicks and published by Manchester University Press. This book was released on 2003-11-22 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed introduction to how the Lander (the 16 states of Germany) function not only within the country itself but also within the wider context of European political affairs. Some knowledge of the role of the Lander is essential to an understanding of the political system as well as of German federalism. This book traces the origin of the Lander. It looks at their place in the constitutional order of the country and the political and administrative system. Their organization and administration are fully covered, as is their financing. Parties and elections in the Lander and the controversial roles of parliaments and deputies are also examined.

Download or read book A Common Law for Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-01-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

Download or read book A Research Agenda for Federalism Studies written by John Kincaid and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this forward-thinking book, fifteen leading scholars set forth cutting-edge agendas for research on significant facets of federalism, including basic theory, comparative studies, national and subnational constitutionalism, courts, self-rule and shared rule, centralization and decentralization, nationalism and diversity, conflict resolution, gender equity, and federalism challenges in Africa, Asia, and the European Union. More than 40 percent of the world’s population lives under federal arrangements, making federalism not only a major research subject but also a vital political issue worldwide.

Download or read book The Foundations of European Private Law written by Roger Brownsword and published by Bloomsbury Publishing. This book was released on 2011-09-19 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

Download or read book Comparative Constitutional Law in Asia written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2014-02-28 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i

Download or read book The Principle of Equality in Diverse States written by Eva Maria Belser and published by BRILL. This book was released on 2021-05-25 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.

Download or read book Europe s Second Constitution written by Markus W. Gehring and published by Cambridge University Press. This book was released on 2020-09-24 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.

Download or read book International Research in Social Human and Administrative Sciences XVII written by Arzu Karaca and published by EĞİTİM YAYINEVİ. This book was released on 2024-02-03 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social sciences and social scientists have very important contributions in the development of societies. To attach great importance to working together on the common denominator of the disciplines, as the social phenomenon that concerns the society is in the field of sciences. Under the umbrella of social sciences; There are various academic disciplines such as economics, international relations, geography, history, law, philosophy, educational sciences, psychology, theology, hotel, linguistics, archeology, political science, musicology, business administration, tourism. The field of social, human and administrative sciences has the feature of presenting a registered feast to readers, academics and students who are interested in the field, with rich opportunities in terms of interdisciplinary studies. This study presents its current trajectory in social sciences. In this context, articles on important discussion topics of social sciences are included. This book, which takes place in groups in different disciplines in the field of social sciences, includes 19 studies in the fields of political science and public administration, international relations, business, marketing, healthcare management, fine arts, economics and archeology. This work, which will be read with interest by anyone who is interested in the field of Social Sciences, once again clearly reveals the social and human sciences by constantly developing.

Download or read book Comparative Federalism written by Michael Burgess and published by Routledge. This book was released on 2006-09-27 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new examination of contemporary federalism and federation, which delivers a detailed theoretical study underpinned by fresh case studies. It is grounded in a clear distinction between 'federations', particular kinds of states, and 'federalism', the thinking that drives and promotes them. It also details the origins, formation, evolution and operations of federal political interests, through an authoritative series of chapters that: analyze the conceptual bases of federalism and federation through the evolution of the intellectual debate on federalism; the American Federal experience; the origins of federal states; and the relationship between state-building and national integration explore comparative federalism and federation by looking at five main pathways into comparative analysis with empirical studies on the US, Canada, Australia, India, Malaysia, Belgium, Germany, Austria, Switzerland and the EU explore the pathology of federations, looking at failures and successes, the impact of globalization. The final chapter also presents a definitive assessment of federal theory. This book will be of great interest to students and researchers of federalism, devolution, comparative politics and government.

Download or read book The Principle of Mutual Trust in EU Criminal Law written by Auke Willems and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.

Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.