Understanding Federalism and Federation

Understanding Federalism and Federation
Author: Alain-G. Gagnon
Publisher: Routledge
Total Pages: 319
Release: 2016-03-09
Genre: Political Science
ISBN: 1317004965

Based on a variety of contemporary debates on federal theory Understanding Federalism and Federation honours Michael Burgess’ contribution to the study of these topics through a selection of approaches, theories, debates and interpretations. Gathering contributors from diverse subfields to synthesize current debates it offers a snapshot of the immense range of current research on federalism and federation. Leading authors debate key issues such as American federalism, Canada and the role of Quebec, the latest insights into comparative federalism and federation, the European Union as a federal project and the analysis of constitutional courts in federal systems. Different theoretical and empirical fields and perspectives are brought together, synthesizing major findings and addressing emerging issues and these topics are analysed through multiple lenses to provide new insights, original approaches and much-needed theoretical and empirical data on federalism and federation.

The Federal Idea

The Federal Idea
Author: Amnon Lev
Publisher: Bloomsbury Publishing
Total Pages: 479
Release: 2017-08-10
Genre: Law
ISBN: 1509907122

A significant part of the world's population lives under some sort of federal arrangement. And yet, the concepts of federalism and federation remain under-theorised. Federalist theorists have, for the most part, defined their object by opposition to the unitary state. As a result, they have not developed public law theories that capture the specificity of this type of polity. Bringing together contributions from leading public law theorists and intellectual historians, this volume explores the foundations of federalism. It develops novel perspectives on the core problems of traditional federalist theory and charts new departures in federalist theory and federal power-sharing. At a time when we look for more inclusive ways of ordering public life, the volume fills an urgent theoretical and political need.

Legislative, Executive, and Judicial Governance in Federal Countries

Legislative, Executive, and Judicial Governance in Federal Countries
Author: Katy Le Roy
Publisher: McGill-Queen's Press - MQUP
Total Pages: 414
Release: 2006-09-19
Genre: Law
ISBN: 0773560149

Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.

Judicial Cosmopolitanism

Judicial Cosmopolitanism
Author: Giuseppe Franco Ferrari
Publisher: BRILL
Total Pages: 915
Release: 2019-09-24
Genre: Law
ISBN: 9004297596

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.

Dynamic Federalism

Dynamic Federalism
Author: Patricia Popelier
Publisher: Routledge
Total Pages: 303
Release: 2021-03-09
Genre: Law
ISBN: 1000359220

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.

Canadian Federalism and Its Future

Canadian Federalism and Its Future
Author: Alain-G. Gagnon
Publisher: McGill-Queen's Press - MQUP
Total Pages: 324
Release: 2020-09-23
Genre: Political Science
ISBN: 0228002524

The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.

The Ties that Bind

The Ties that Bind
Author: John Erik Fossum
Publisher: Peter Lang
Total Pages: 368
Release: 2009
Genre: Law
ISBN: 9789052014753

Modern states - and novel multinational polities such as the European Union - have to contend with greater degrees, and more complex forms, of diversity. What elements keep complex, «post-national», political entities together? What are the ties that bind people together in a world where they cannot rely on the safety of established national identifications (if they ever could)? This collection of essays by leading political scientists, philosophers and legal academics from Canada and Europe provides a transatlantic dialogue on the ways in which complex states (such as Canada) and non-states (the EU) may broach the modes of difference and diversity that confront them. Authors engage in insightful «diagnoses» of contemporary forms and modes of diversity, as well as critical appraisals of a number of normative responses meant to answer these challenges. These responses range from «reasonable accommodation» and multinationalism to cosmopolitanism. They include the recognition of «post-national», «multinational» or «deterritorialised» democracy and constitutional patriotism, as well as plural or «denationalised» citizenship.

The Case for Decentralized Federalism

The Case for Decentralized Federalism
Author: Ruth Hubbard
Publisher: University of Ottawa Press
Total Pages: 248
Release: 2011-01-17
Genre: Political Science
ISBN: 0776618164

The Case for Decentralized Federalism and its sister volume The Case for Centralized Federalism are the outcome of the Federalism Redux Project, created to stimulate a serious and useful conversation on federalism in Canada. They provide the vocabulary and arguments needed to articulate the case for a centralized or a decentralized Canadian federalism. The Case for Decentralized Federalism brings together experts who believe decentralized federalism is the optimal arrangement for governing the contextual diversity and cultural pluralism in Canada. Using different approaches, they argue that by dividing the work of public governance among different levels of government, it is easier to address the needs and aspirations of the diverse groups that make up Canada.