Shared Rule In Federal Theory And Practice
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Shared Rule In Federal Theory And Practice
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Author : Sean Mueller
language : en
Publisher: Oxford University Press
Release Date : 2024-07-09
Shared Rule In Federal Theory And Practice written by Sean Mueller 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 2024-07-09 with Political Science categories.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations. In Shared Rule in Federal Theory and Practice, Sean Mueller provides a new, in-depth treatment of shared rule, a crucial but so far largely neglected dimension of federalism and multilevel governance. He discusses shared rule's conceptual evolution and defines three different meanings commonly ascribed to it: shared rule as horizontal cooperation, centralization, or bottom-up influence seeking. An original expert survey conducted among 38 federalism scholars in 11 countries is used to measure actual regional government influence over national decisions. Drawing on a wide range of literature, from lobbying and political parties to power sharing and secessionism, the author then investigates the emergence and impact of shared rule thus understood. The evidence presented includes qualitative case studies on Belgium, Canada, Germany, Spain, Switzerland, and the US as well as quantitative, cross-sectional analyses at regional and national level. Mueller shows that shared rule has the potential to become the holy grail of territorial politics in that it satisfies both those wanting greater unity and uniformity of policy making as well as those desiring greater regional autonomy and recognition of diversity. Building on the conceptual and empirical groundwork laid by the Regional Authority Index, he takes us further and deeper still into the mechanics of territorial contestation, cooperation, and cohesion. Transformations in Governance is a major academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, and environmental and urban studies concerned with the dispersion of authority from central states to supranational institutions, subnational governments, and public-private networks. It brings together work that advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and Walter Mattli of the University of Oxford.
The Cambridge Companion To Comparative Constitutional Law
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Author : Roger Masterman
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-03
The Cambridge Companion To Comparative Constitutional Law written by Roger Masterman 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 2019-10-03 with Law categories.
Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
Dynamic Federalism
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Author : Patricia Popelier
language : en
Publisher: Routledge
Release Date : 2021-03-09
Dynamic Federalism written by Patricia Popelier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-09 with Law categories.
This book offers a new theory of federalism. The work critically discusses traditional federal theories and builds on theories that focus on the dynamics of federalism. It offers a definition of federalism and federal organizations that encompasses both new and old types of multi-tiered system. Unlike traditional federal theory, it is well-suited to research both multinational and mononational systems. It also takes into account the complexity of these systems, with bodies of governance at the local, regional, national, and supranational level. The book is divided into three parts: the first part outlines the contours of dynamic federalism, based on a critical overview of traditional federal theory; the second part develops comprehensive indexes to measure autonomy and cohesion of multi-tiered systems; and the third part focuses on the dynamics of federal organizations, with a special focus on institutional hubs for change. Dynamic Federalism will be an essential resource for legal, social, economic, and political scholars interested in federalism, regionalism, and de/centralization.
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
Asymmetry Multinationalism And Constitutional Law
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Author : Maja Sahadžić
language : en
Publisher: Routledge
Release Date : 2020-09-02
Asymmetry Multinationalism And Constitutional Law written by Maja Sahadžić and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-02 with Law categories.
This book examines the link between constitutional asymmetry and multinationalism and the effects asymmetry produces on legitimacy and stability in federal and quasi-federal systems. This is done through a structured and exhaustive comparative analysis, covering states in Africa, America, Asia, and Europe. Contrary to traditional federal theory, contemporary scholars have linked constitutional asymmetry with multinational federal systems, by presenting asymmetry as a mechanism for diversity management. This book offers insights on whether and how constitutional asymmetry is linked with multinationalism and looks into the socio-economic, cultural-ideological, historical, and separatist factors that support the emergence of asymmetries. The work also provides a legal analysis of whether constitutional asymmetry is a condition or a threat to legitimacy and stability in federal systems. The book will be essential reading for academics, researchers, and policy-makers in law and political science interested in the fields of constitutional law, federal theory, multinationalism, and minorities.
Self Rule Shared Rule
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Author : Daniel J. Elazar
language : en
Publisher: University Press of America
Release Date : 1984-10-16
Self Rule Shared Rule written by Daniel J. Elazar and has been published by University Press of America this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984-10-16 with Political Science categories.
To find more information on Rowman & Littlefield titles, please visit us at www.rowmanlittlefield.com.
Contemporary Governance Challenges In The Horn Of Africa
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Author : Charles Manga Fombad
language : en
Publisher: Taylor & Francis
Release Date : 2022-09-06
Contemporary Governance Challenges In The Horn Of Africa written by Charles Manga Fombad and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-06 with Political Science categories.
This book argues that a leading cause of the political instability in the Horn of Africa is a crisis of governance, caused by extreme centralization of power, weak institutions, and the failure to institutionalise the responsible use of authority. In recent years, many attempts have been made to resolve the ongoing conflicts in Somalia and South Sudan, but problems remain, and in 2019 the instability spread to Ethiopia. This book critically examines how many of the governance problems in the region can be addressed through institutional design. The central argument is that an inclusive system of governance through federalism, devolution, and inclusive political institutions as well as ensuring the institutionalization of power through strengthening the rule of law has the potential to make governments more accountable, inclusive, and be able to deliver critical services. Such systems ensure relative stability and peace and reduce the risks of state fragmentation – a major concern in the region. Demonstrating that the threats of further fragmentation and conflict due to the crisis of governance are likely to continue unless serious steps are taken to deal with the situation, the book will be an important read for researchers and policy makers with an interest in peacemaking, politics, constitutional law, and federalism in the region.
In Search Of The Federal Spirit
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Author : Michael Burgess
language : en
Publisher: Oxford University Press (UK)
Release Date : 2012-12-20
In Search Of The Federal Spirit written by Michael Burgess and has been published by Oxford University Press (UK) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-20 with Law categories.
In Search of the Federal Spirit is a major new examination of the theory and practice of federal state formation in the post-Cold War era. It introduces the concept of the federal spirit as a means of exploring the emergence of a range of new political models.
Nigerian Federalism
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Author : Ibeanu, Okechukwu
language : en
Publisher: Safari Books Ltd
Release Date : 2016-11-25
Nigerian Federalism written by Ibeanu, Okechukwu and has been published by Safari Books Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Political Science categories.
Nigerian Federalism: Continuing Quest for Stability and Nation-Building explores the nature of and the debate over a number of recurrent issues, such as the “origins of Nigerian federalism, the number of state units in the federal system, fiscal issues, political parties, distributional issues, and intergovernmental relations” in Nigerian federalism since the establishment of protofederalism under the Richards Constitution, 1946 seventy years ago. In exploring the issues, the book seeks to answer the question, “what accounts for the persistence of Nigerian federalism, despite the serious discontents that the debate throws up now and again?” The book offers a reinterpretation, which argues that the demand for true federalism, which anchors the major trend in the age-long debate on the structure of Nigerian federalism, is ahistorical and therefore static. The book uniquely emphasises the need to periodise the practice of Nigerian federalism into four major phases. Based on the periodisation, two cardinal propositions emerge from the various chapters of the book. First, in spite of separatist and centrifugal threats to its existence, Nigerian federalism has typically never sought to eliminate diversity, but to manage it. In this sense, the construction of Nigeria’s federal system from its earliest beginnings shows clearly that it is both a creature of diversity and an understanding that diversity will remain ingrained in its DNA. Secondly, Nigeria’s federal practice has not sought to mirror any model of “true federalism”, be it in the United States, Canada or elsewhere. Instead, Nigeria’s federal system has been a homegrown, if unstable modulation between foedus and separatus, a constantly negotiated terrain among centripetal and centrifugal forces and between centralisation and decentralisation. Consequently, a historical, periodised understanding of Nigerian federalism is inevitably essential. It is this historical and theoretical-methodological approach to explaining and understanding Nigerian federalism that gives the book its unique character. The book is for the general reader as well as for students, including researchers of Nigerian federalism and of Nigerian constitutional and political development, policymakers, and political parties.
Law Territory And Conflict Resolution
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Author : Matteo Nicolini
language : en
Publisher: BRILL
Release Date : 2016-05-02
Law Territory And Conflict Resolution written by Matteo Nicolini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-02 with Law categories.
Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?