Austrian Federalism In Comp (Contemporary Austrian Studies, Vol 24)

Austrian Federalism In Comp (Contemporary Austrian Studies, Vol 24)
Author: Gunter Bischof
Publisher: University of New Orleans Press
Total Pages: 0
Release: 2015-07-07
Genre: History
ISBN: 9781608011124

With its ambiguous mix of weak federalist and strong centralist elements, the Austrian constitutional architecture has been subject to conflicting interpretations and claims from its very beginning. The written 1920 constitution has been paralleled by informal rules and forces making up for the imbalance of power between national and subnational authorities. Understanding these inherent weaknesses, virtually all political actors involved are well aware that reforming the allocation of rights and duties between the different levels in the federal state is urgently needed. In recent years, several initiatives of recalibrating the system of power-sharing between the different levels of government have been initiated. So far progress has been modest, yet the reform process is still underway. The contributions to this volume shine a light on history, presence, and future aspects of the Austrian federal system from historical, juridical, economic, and political science perspective. The volume is also the first book in English ever devoted to the Austrian version of federalism.

Comparative Federalism

Comparative Federalism
Author: Francesco Palermo
Publisher: Bloomsbury Publishing
Total Pages: 503
Release: 2017-10-05
Genre: Law
ISBN: 1509901515

This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book's two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. “This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume.” Professor G Alan Tarr, Rutgers University “Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries.” Professor Balveer Arora, Jawaharlal Nehru University New Delhi “This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field.” Professor Cheryl Saunders, The University of Melbourne “This is a remarkable book – for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kössler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges.” Professor Nico Steytler, University of the Western Cape

Federalism as Decision-Making

Federalism as Decision-Making
Author: Francesco Palermo
Publisher: Hotei Publishing
Total Pages: 538
Release: 2015-02-24
Genre: Law
ISBN: 9004274510

Accounting for participation, separation of powers and democratic accountability, federalism gains momentum in times when traditional democratic legitimacy of institutional decision-making is challenged. Its ability to include multiple interests makes federalism a means to ensure good governance. Based on a multidisciplinary analysis, the book tackles the question of whether federalism as a pragmatic governance tool provides answers to current challenges and what those answers are. Thirty-three leading experts critically examine to what extent federalism serves this purpose in compound states, looking at different countries and policies. The volume revolves around five sub-themes: ‘federalism, democracy and governance’, ‘participation mechanisms and procedures’, ‘policy areas compared’, ‘institutional innovation and participatory democracy’ and ‘federalism: from theory to governance’.

Federalism and Regionalism in Western Europe

Federalism and Regionalism in Western Europe
Author: W. Swenden
Publisher: Springer
Total Pages: 342
Release: 2006-02-21
Genre: Political Science
ISBN: 0230624979

Federalism and Regionalism in Western Europe seeks to clarify the relevance, problems and consequences of operating federal systems of government in Western Europe. The book analyzes and explains varieties in the allocation of resources, the decision-making process and problem-solving capacity of West-European federal and regional states

Comparative Constitutional Reasoning

Comparative Constitutional Reasoning
Author: András Jakab
Publisher: Cambridge University Press
Total Pages: 867
Release: 2017-04-27
Genre: Law
ISBN: 1108138616

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author: Anneli Albi
Publisher: Springer
Total Pages: 1522
Release: 2019-05-29
Genre: Law
ISBN: 9462652732

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

The Constitution of the Republic of Austria

The Constitution of the Republic of Austria
Author: Manfred Stelzer
Publisher: Bloomsbury Publishing
Total Pages: 265
Release: 2022-12-01
Genre: Law
ISBN: 1509956700

This book shows how the Austrian Constitution has been shaped and interpreted by the fundamental events in Austria's modern history. At the same time it emphasises the way in which the Constitution establishes a parliamentary system, with additional presidential features, limited, in turn, by Austria's federal structure and the parliaments of nine states. It charts the history and character of the constitution; the political structure; the legislative and executive branches of the federal government; public bodies; jurisdiction and fundamental Rights. This new edition explores the changing political landscape, particularly the development of a more competitive party system. It also looks at the response to COVID and the jurisprudence of the Austrian Constitutional Court in the face of the curtailment of rights in order to curb the pandemic. Offering the trademark combination of clarity of explanation and rigour of analysis that defines the series, this is an excellent guide to a fascinating constitutional structure.

The Oxford Handbook of Local and Regional Democracy in Europe

The Oxford Handbook of Local and Regional Democracy in Europe
Author: John Loughlin
Publisher: OUP Oxford
Total Pages: 812
Release: 2012-11-08
Genre: Political Science
ISBN: 0191628239

The Oxford Handbook of Local and Regional Democracy in Europe analyses the state of play of democracy at the subnational level in the 27 member states of the EU plus Norway and Switzerland. It places subnational democracy in the context of the distinctive Anglo, the French, the German and Scandinavian state traditions in Europe asking to what extent these are still relevant today. The Handbook adapts Lijphart's theory of democracy and applies it to the subnational levels in all the country chapters. A key theoretical issue is whether subnational (regional and local) democracy is derived from national democracy or whether it is legitimate in its own right. Besides these theoretical concerns it focuses on the practice of democracy: the roles of political parties and interest groups and also how subnational political institutions relate to the ordinary citizen. This can take the form of local referendums or other mechanisms of participation. The Handbook reveals a wide variety of practices across Europe in this regard. Local financial systems also reveal a great variety. Finally, each chapter examines the challenges facing subnational democracy but also the opportunities available to them to enhance their democratic systems. Among the challenges identified are: Europeanization, globalization, but also citizens disaffection and switch-off from politics. Some countries have confronted these challenges more successfully than others but all countries face them. An important aspect of the Handbook is the inclusion of all the countries of East and Central Europe plus Cyprus and Malta, who joined the EU in 2004 and 2007. This is the first time they have been examined alongside the countries of Western Europe from the angle of subnational democracy.