Safeguarding Federalism
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Safeguarding Federalism
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Author : John D. Nugent
language : en
Publisher: University of Oklahoma Press
Release Date : 2012-11-27
Safeguarding Federalism written by John D. Nugent and has been published by University of Oklahoma Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-27 with Political Science categories.
Explains the dynamics of federalism in today’s policymaking process The checks and balances built into the U.S. Constitution are designed to decentralize and thus limit the powers of government. This system works both horizontally—among the executive, legislative, and judicial branches—and vertically—between the federal government and state governments. That vertical separation, known as federalism, is intended to restrain the powers of the federal government, yet many political observers today believe that the federal government routinely oversteps its bounds at the expense of states. In Safeguarding Federalism, John D. Nugent argues that contrary to common perception, federalism is alive and well—if in a form different from what the Framers of the Constitution envisioned. According to Nugent, state officials have numerous options for affecting the development and implementation of federal policy and can soften, slow down, or even halt federal efforts they perceive as harming their interests. Nugent describes the general approaches states use to safeguard their interests, such as influencing the federal policy, contributing to policy formulation, encouraging or discouraging policy enactment, participating in policy implementation, and providing necessary feedback on policy success or failure. Demonstrating the workings of these safeguards through detailed analysis of recent federal initiatives, including the 1996 welfare reform law, the Clean Air Act, moratoriums on state taxation of Internet commerce, and the highly controversial No Child Left Behind Act, Nugent shows how states’ promotion of their own interests preserves the Founders’ system of constitutional federalism today.
Defensive Federalism
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Author : Ferran Requejo
language : en
Publisher: Taylor & Francis
Release Date : 2022-09-16
Defensive Federalism written by Ferran Requejo and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-16 with Political Science categories.
Defensive Federalism presents an original contribution to the field of federalism and multinational democracies, exploring the concept of defensive federalism as a protection of self- government against the "tyranny of the majority". The empirical evidence on federal and regional polities often shows critical imbalances in the territorial division of powers beyond what has been formally established in the constitutional rules. This volume highlights the rights, institutions, decision- making processes and procedural rules that can protect and develop the practical political, economic and cultural powers of federated and regional entities, especially those linked to territorial national minorities. The authors focus on federalism as a safeguard of self- rule, as well as a set of institutional and procedural rules to avoid the territorial dimension of the "tyranny of the majority". They answer two fundamental questions: how is it possible to design new stable and fairer federal agreements between national minorities and majorities where there is no single ideal solution? Is there a need for a new kind of "defensive federal model" for approaching national pluralism in liberal democracies? This book will be of great interest to students and scholars of federalism, national diversity and democracy, as well as policymakers and practitioners in both public and private institutions. Chapter 8 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution 4.0 license available at http://www.taylorfrancis.com
Federalism Subnational Constitutions And Minority Rights
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Author : G. Alan Tarr
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2004-08-30
Federalism Subnational Constitutions And Minority Rights written by G. Alan Tarr and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-08-30 with Law categories.
Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems. This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.
The Robust Federation
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Author : Jenna Bednar
language : en
Publisher: Cambridge University Press
Release Date : 2008-12-01
The Robust Federation written by Jenna Bednar 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 2008-12-01 with Political Science categories.
The Robust Federation offers a comprehensive approach to the study of federalism. Jenna Bednar demonstrates how complementary institutions maintain and adjust the distribution of authority between national and state governments. These authority boundaries matter - for defense, economic growth, and adequate political representation - and must be defended from opportunistic transgression. From Montesquieu to Madison, the legacy of early institutional analysis focuses attention on the value of competition between institutions, such as the policy moderation produced through separated powers. Bednar offers a reciprocal theory: in an effective constitutional system, institutions complement one another; each makes the others more powerful. Diverse but complementary safeguards - including the courts, political parties, and the people - cover different transgressions, punish to different extents, and fail under different circumstances. The analysis moves beyond equilibrium conceptions and explains how the rules that allocate authority are not fixed but shift gradually. Bednar's rich theoretical characterization of complementary institutions provides the first holistic account of federal robustness.
Managing Interdependencies In Federal Systems
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Author : Johanna Schnabel
language : en
Publisher: Springer Nature
Release Date : 2020-02-18
Managing Interdependencies In Federal Systems written by Johanna Schnabel and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-18 with Political Science categories.
Intergovernmental councils have emerged as the main structures through which the governments of a federation coordinate public policy making. In a globalized and complex world, federal actors are increasingly interdependent. This mutual dependence in the delivery of public services has important implications for the stability of a federal system: policy problems concerning more than one government can destabilize a federation, unless governments coordinate their policies. This book argues that intergovernmental councils enhance federal stability by incentivizing governments to coordinate, which makes them a federal safeguard. By comparing reforms of fiscal and education policy in Australia, Canada, Germany, and Switzerland, this book shows that councils’ effectiveness as one of federalism’s safeguards depends on their institutional design and the interplay with other political institutions and mechanisms. Federal stability is maintained if councils process contentious policy problems, are highly institutionalized, are not dominated by the federal government, and are embedded in a political system that facilitates intergovernmental compromising and consensus-building.
Federalism And Rights
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Author : Ellis Katz
language : en
Publisher: Rowman & Littlefield
Release Date : 1996
Federalism And Rights written by Ellis Katz and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Business & Economics categories.
The authors of this engaging book discuss whether federalism promotes or undermines rights. With emerging democracies in Europe and elsewhere currently attempting to design constitutions that combine effective government, recognition of ethnic diversity within their populations, and protection of individual rights, the importance of these questions cannot be overstated. The authors examine both the theoretical perspectives on the relationship between federalism and rights, and the historical and contemporary relationship between federalism and rights in the United States. The contributors to this volume analyze the U.S. federal system as a potential model for contemporary constitution-makers as well as explore how its system can serve as a cautionary example. Sponsored by the Center for the Study of Federalism. Contributors include: Dorthy Toth Beasley; Irwin Cotler; Talbolt Dälemberte; Daniel J. Elazar; A.E. Dick Howard; Gary J. Jacobsohn; Koen Lenaerts; Jean Yarborough; Michael P. Zuckert.
Federalism A Very Short Introduction
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Author : Mark J. Rozell
language : en
Publisher: Oxford University Press
Release Date : 2019-10-24
Federalism A Very Short Introduction written by Mark J. Rozell 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 2019-10-24 with Social Science categories.
Early Americans were suspicious of centralized authority and executive power. Casting away the yoke of England and its king, the founding fathers shared in this distrust as they set out to pen the Constitution. Weighing a need for consolidated leadership with a demand for states' rights, they established a large federal republic with limited dominion over the states, leaving most of the governing responsibility with the former colonies. With this dual system of federalism, the national government held the powers of war, taxation, and commerce, and the ability to pass the laws necessary to uphold these functions. Although the federal role has grown substantially since then, states and local governments continue to perform most of the duties in civil and criminal law, business and professional licensing, the management of infrastructure and public services: roads, schools, libraries, sanitation, land use and development, and etc. Despite the critical roles of state and local governments, there is little awareness-or understanding-of the nature and operations of the federal system. This Very Short Introduction provides a concise overview of federalism, from its origins and evolution to the key events and constitutional decisions that have defined its framework. Although the primary focus is on the United States, other federal systems, including Brazil, Canada, India, Germany, Russia, South Africa, Switzerland, and the EU, are addressed.
Federalism As Decision Making
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Author : Francesco Palermo
language : en
Publisher: Hotei Publishing
Release Date : 2015-02-26
Federalism As Decision Making written by Francesco Palermo and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-26 with Law categories.
Federalism as decision-making deals with the fundamental question of what answers federalism, as a pragmatic governance tool, can provide to current challenges. Federal theories and the management of specific policies are examined from a comparative and multi-disciplinary perspective.
Does Federalism Safeguard Indigenous Rights
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Author : Christine Fletcher
language : en
Publisher:
Release Date : 1999
Does Federalism Safeguard Indigenous Rights written by Christine Fletcher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Aboriginal Australians 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.