From Dual To Cooperative Federalism
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From Dual To Cooperative Federalism
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Author : Robert Schütze
language : en
Publisher: OUP Oxford
Release Date : 2013-01-31
From Dual To Cooperative Federalism written by Robert Schütze and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-31 with Law categories.
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".
From Dual To Cooperative Federalism
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Author : Robert Schütze
language : en
Publisher:
Release Date : 2005
From Dual To Cooperative Federalism written by Robert Schütze and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Constitutional law categories.
Federalism
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Author : Daniel Judah Elazar
language : en
Publisher:
Release Date : 1995
Federalism written by Daniel Judah Elazar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Confederation of states categories.
States And Regions In The European Union
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Author : Tanja A. Börzel
language : en
Publisher: Cambridge University Press
Release Date : 2002
States And Regions In The European Union written by Tanja A. Börzel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Political Science categories.
This book analyses the impact of Europeanization on domestic politics and the relationship between states and regions.
Double Aspect Doctrine And Cooperative Federalism
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Author : Peter A. Cumming
language : en
Publisher:
Release Date : 1988
Double Aspect Doctrine And Cooperative Federalism written by Peter A. Cumming and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Autonomy categories.
Federalism And Public Policy
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Author : Brunetta Baldi
language : en
Publisher:
Release Date : 1997
Federalism And Public Policy written by Brunetta Baldi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Federal government categories.
American Government 3e
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Author : Glen Krutz
language : en
Publisher:
Release Date : 2023-05-12
American Government 3e written by Glen Krutz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-12 with categories.
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
From Incongruity To Cooperative Federalism
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Author : Reza Dibadj
language : en
Publisher:
Release Date : 2010
From Incongruity To Cooperative Federalism written by Reza Dibadj and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The conventional wisdom has been that state law governs internal affairs, and federal law governs disclosure. This reassuring construct, however, has little basis in today's reality. Left alone, states have not provided adequate shareholder protections: state securities laws were historically anemic, and the regulatory reach of state corporate law shrank under a prevailing contractarian ethos. As consequence, beginning in 1933, federal securities laws emerged to regulate many internal affairs. Curiously, however, as federal regulation has grown and become increasingly preemptive over the past decade, it has often decreased shareholder protections. As a consequence, some states have recently reversed course, using newly energized state securities laws to pursue fraud. The responsibility for regulating the relationship between corporations and their shareholders has thus descended into a welter of confusion. Neither dual federalism nor preemptive federalism has been satisfactory.In order to begin overcoming this morass, the article draws on new research in the theory of economic regulation. In particular, it proposes that the relationship between corporations and their shareholders operate within the framework of cooperative federalism using a reverse-Erie framework. The federal government would set minimal shareholder protections, but leave implementation and the creation of enhanced standards largely to the states. The article concludes by addressing a number of constitutional issues cooperative federalism might raise, including the creation of federal common law by state instrumentalities, as well as possible non-delegation and anti-commandeering concerns.
The Oxford Handbook Of The Australian Constitution
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Author : Cheryl Saunders
language : en
Publisher: Oxford University Press
Release Date : 2018
The Oxford Handbook Of The Australian Constitution written by Cheryl Saunders and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.
Controversies In American Federalism And Public Policy
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Author : Christopher P. Banks
language : en
Publisher: Routledge
Release Date : 2018-03-13
Controversies In American Federalism And Public Policy written by Christopher P. Banks and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-13 with Law categories.
This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.