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Federalism And Legal Unification

Author: Daniel Halberstam
Publisher: Springer Science & Business Media
ISBN: 9400773986
Size: 74.97 MB
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How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. ​ This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam

German Public Policy And Federalism

Author: Arthur B. Gunlicks
Publisher: Berghahn Books
ISBN: 9781571813930
Size: 38.19 MB
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Since unification German society and institutions have been challenged by various transformations and the need to adjust to changing conditions. While much has been accomplished, many political, legal, and institutional problems remain. This volume deals with selected aspects of domestic and European policy, political parties, the challenge of direct democracy, and federalism in unified Germany - all issues that have been the subject of much discussion, political posturing, legislation, and, to some extent, constitutional amendments and court decision for many years, if not decades. In conclusion, a British scholar looks at German federalism and a number of public policy issues from a comparative perspective and arrives at some surprising and encouraging results.

Structuring The State

Author: Daniel Ziblatt
Publisher: Princeton University Press
ISBN: 1400827248
Size: 75.85 MB
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Germany's and Italy's belated national unifications continue to loom large in contemporary debates. Often regarded as Europe's paradigmatic instances of failed modernization, the two countries form the basis of many of our most prized theories of social science. Structuring the State undertakes one of the first systematic comparisons of the two cases, putting the origins of these nation-states and the nature of European political development in new light. Daniel Ziblatt begins his analysis with a striking puzzle: Upon national unification, why was Germany formed as a federal nation-state and Italy as a unitary nation-state? He traces the diplomatic maneuverings and high political drama of national unification in nineteenth-century Germany and Italy to refute the widely accepted notion that the two states' structure stemmed exclusively from Machiavellian farsightedness on the part of militarily powerful political leaders. Instead, he demonstrates that Germany's and Italy's "founding fathers" were constrained by two very different pre-unification patterns of institutional development. In Germany, a legacy of well-developed sub-national institutions provided the key building blocks of federalism. In Italy, these institutions' absence doomed federalism. This crucial difference in the organization of local power still shapes debates about federalism in Italy and Germany today. By exposing the source of this enduring contrast, Structuring the State offers a broader theory of federalism's origins that will interest scholars and students of comparative politics, state-building, international relations, and European political history.

The Law Of The Land

Author: Akhil Reed Amar
Publisher: Basic Books
ISBN: 0465065899
Size: 11.78 MB
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From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.

Recasting German Federalism

Author: Charlie Jeffrey
Publisher: A&C Black
ISBN: 9781855675803
Size: 26.58 MB
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Understanding Germany's federal structure is crucial to understanding contemporary Germany. The federal system shaped the way German unification was carried out, it shapes the way in which policies are made, and it plays a role in determining the way in which Germany presents its priorities in the EU. The first part of the book analyzes the nature of pre-unification West German federalism and the unique challenge posed for the federal system by unification. Part 2 takes stock of key issues in the operation of post-unification federalism, including the policy process, the role of parties in federalism, conflicts of interest over financial allocations, and the impact of deepening European integration. The final part offers a series of critical perspectives which address the long-term legacies of unification and increasing pressures for reform.

Unifying The Nation

Author: Joseph F. Zimmerman
Publisher: SUNY Press
ISBN: 1438454597
Size: 76.68 MB
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In-depth examination of a rarely studied article of the United States Constitution. While there is a vast amount of scholarship on the US Constitution, very little of it addresses Article IV. The article’s first section, the Full Faith and Credit Clause, requires that individual states must respect “the public acts, accords, and judicial proceedings of every other state,” and the second section, the Privileges and Immunity Clause, prevents one state from treating the citizens of another state in a discriminatory manner. In Unifying the Nation, Joseph F. Zimmerman provides a unique and comprehensive examination of court cases pertaining to both sections. Article IV, he argues, is central to the political and economic union of the individual states that comprise the nation. Many of the court cases cited in the text have tremendous day-to-day relevance and implications for the practice of government, such as same-sex marriage, child adoption, child support, public welfare, health care, and telecommunications.

The L Nder And German Federalism

Author: Arthur Gunlicks
Publisher: Manchester University Press
ISBN: 1847795773
Size: 32.88 MB
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An illuminating introduction to how the Länder function not only within the country itself but also within the wider context of European political affairs. Looks at the Länder in the constitutional order of the country, and the political and administrative system. Their organization and administration is fully covered, as is their financial administration. The role of parties and elections in the Länder is looked at, and the importance of their parliaments. The first work in the English language that considers the Lander in this depth.

Intergovernmental Relations In Transition

Author: Carl W. Stenberg
Publisher: Routledge
ISBN: 1351182145
Size: 64.23 MB
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The field of intergovernmental relations has changed substantially over the past five decades. It maintains a critical and evolving role in the US federal system as well as in public policy and administration. Building upon the legacy of Deil S.Wright’s scholarship, this collection of essays by distinguished scholars, emerging thought leaders, and experienced practitioners chronicles and analyzes some of the tensions and pressures that have contributed to the current state of intergovernmental relations and management. Although rarely commanding media attention by name, intergovernmental relations is being elevated in the public discourse through policy issues dominating the headlines. Many of these intergovernmental issues are addressed in this book, including health insurance exchanges under the now-threatened Affordable Care Act, and the roles of the federal, state, and local governments in food safety, energy, and climate change.Contributors interpret and assess the impacts of these and other issues on the future directions of intergovernmental relations and management. This book will serve as an ideal text for courses on intergovernmental relations and federalism, and will be of interest to government practitioners and civic and nonprofit organization leaders involved in public policy and management.