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Author: Ferran Requejo
Publisher: Taylor & Francis
ISBN: 1000645592
Category : Political Science
Languages : en
Pages : 197
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Book Description
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
Author: Ferran Requejo
Publisher: Taylor & Francis
ISBN: 1000645592
Category : Political Science
Languages : en
Pages : 197
Get Book Here
Book Description
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
Author: Kate Elizabeth Brown
Publisher: University Press of Kansas
ISBN: 0700624805
Category : History
Languages : en
Pages : 320
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Book Description
Alexander Hamilton is commonly seen as the standard-bearer of an ideology-turned-political party, the Federalists, engaged in a struggle for the soul of the young United States against the Anti-Federalists, and later, the Jeffersonian Republicans. Alexander Hamilton and the Development of American Law counters such conventional wisdom with a new, more nuanced view of Hamilton as a true federalist, rather than a one-dimensional nationalist, whose most important influence on the American founding is his legal legacy. In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton's political career, his policy achievements, and his significant role in the American founding by considering him first and foremost as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence throughout the nineteenth century. When writing his authoritative commentary on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington's cabinet, he used legal arguments to justify his desired course of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton's professional career. Re-examining Hamilton's post-war accomplishments through the lens of law, Brown demonstrates that Hamilton's much-studied political career, as well as his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to achieve these ends. A critical re-evaluation of Hamilton's legacy, as well as his place in the founding era, Brown’s work also enhances and refines our understanding of the nature and history of American jurisprudence.
Author: Raoul Berger
Publisher:
ISBN: 9780806120591
Category : Law
Languages : en
Pages : 223
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Book Description
The author provides evidence that the States existed before the nation was formed and that the States and the federal government were to have mutually exclusive spheres in which each was sovereign, or dual federalism. He also shows that the interstate commerce clause was not intended to authorize federal intrusion into State control of internal matters.
Author: Patricia Popelier
Publisher: Routledge
ISBN: 1000359220
Category : Law
Languages : en
Pages : 303
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Book Description
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.
Author: Nico Steytler
Publisher: Routledge
ISBN: 1000471365
Category : Political Science
Languages : en
Pages : 427
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Book Description
This comprehensive scholarly book on comparative federalism and the Covid-19 pandemic is written by some of the world’s leading federal scholars and national experts. The Covid-19 pandemic presented an unprecedented emergency for countries worldwide, including all those with a federal or hybrid-federal system of government, which account for more than 40 per cent of the world’s population. With case studies from 19 federal countries, this book explores the core elements of federalism that came to the fore in combatting the pandemic: the division of responsibilities (disaster management, health care, social welfare, and education), the need for centralisation, and intergovernmental relations and cooperation. As the pandemic struck federal countries at roughly the same time, it provided a unique opportunity for comparative research on the question of how the various federal systems responded. The authors adopt a multidisciplinary approach to question whether federalism has been a help or a hindrance in tackling the pandemic. The value of the book lies in understanding how the Covid-19 pandemic affected federal dynamics and how it may have changed them, as well as providing useful lessons for how to combat such pandemics in federal countries in the future. This book will be of great interest to students and scholars of politics and international relations, comparative federalism, health care, and disaster management. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: Alexis N. Walker
Publisher: University of Pennsylvania Press
ISBN: 0812251822
Category : Political Science
Languages : en
Pages : 192
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Book Description
A comparative history of public and private sector unions from the Wagner Act of 1935 until today The 2011 battle in Wisconsin over public sector employees' collective bargaining rights occasioned the largest protests in the state since the Vietnam War. Protestors occupied the state capitol building for days and staged massive rallies in downtown Madison, receiving international news coverage. Despite an unprecedented effort to oppose Governor Scott Walker's bill, Act 10 was signed into law on March 11, 2011, stripping public sector employees of many of their collective bargaining rights and hobbling government unions in Wisconsin. By situating the events of 2011 within the larger history of public sector unionism, Alexis N. Walker demonstrates how the passage of Act 10 in Wisconsin was not an exceptional moment, but rather the culmination of events that began over eighty years ago with the passage of the Wagner Act in 1935. Although explicitly about government unions, Walker's book argues that the fates of public and private sector unions are inextricably linked. She contends that the exclusion of public sector employees from the foundation of private sector labor law, the Wagner Act, firmly situated private sector law at the national level, while relegating public sector employees' efforts to gain collective bargaining rights to the state and local levels. She shows how private sector unions benefited tremendously from the national-level protections in the law while, in contrast, public sector employees' efforts progressed slowly, were limited to union-friendly states, and the collective bargaining rights that they finally did obtain were highly unequal and vulnerable to retrenchment. As a result, public and private sector unions peaked at different times, preventing a large, unified labor movement. The legacy of the Wagner Act, according to Walker, is that labor remains geographically concentrated, divided by sector, and hobbled in its efforts to represent working Americans politically in today's era of rising economic inequality.
Author: Yonatan T. Fessha
Publisher: Springer Nature
ISBN: 3030887855
Category : Political Science
Languages : en
Pages : 262
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Book Description
This edited volume examines the form and operation of intergovernmental relations in divided societies. Using eight country case studies, it explores the interplay between politicised ethno-cultural diversity and intergovernmental relations (IGR) in countries where the distinctive identity of at least one subnational unit is acknowledged in a form of territorial autonomy. The book examines whether and how the distinctive identity of particular subnational units and the attending competing constitutional visions shape the dynamics of IGR. The goal here is not simply to determine whether intergovernmental interactions in such societies are less cordial and more conflictual than in other societies. Such interaction in any society could be strained as a result of disagreement over specific policy objectives. The question is whether the distinctive identity of particular subnational units and the attending competing constitutional visions themselves have been a primary source of intergovernmental tension. The book also examines the impact of identity politics on institutions and instruments of IGR, determining whether the ethno-cultural divide and the tension it creates have the tendency to affect the type of institutions and instruments employed in IGR. It is also about the relevance and effectiveness of institutions and instruments of IGR in acknowledging and accommodating the distinctive identities and specific demands of subnational units, thereby contributing to the peaceful management of divided societies.
Author: Robert M. Maxon
Publisher: Cambria African Studies
ISBN: 9781604979831
Category : History
Languages : en
Pages : 224
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Book Description
Advocacy for federalism in Kenya emerged amidst World War II and its aftermath. The rapidly changing political, economic, and social environment in Great Britain and British colonies in Africa formed the background for uncertainty and concern for the future among Kenya's European settler minority. Federalism's appeal came forth among a portion of the European community and some of the colonial rulers who were concerned about a post-war world that seemed certain to bring far reaching changes in Britain's most important East African dependency. These included democratization, the extension of civil liberties, increased economic opportunities for the African majority, and social integration leading to eventual decolonization. European anxiety as to the impact of such changes on their privileged political, economic and social status produced advocacy for majimbo or a federal system of governance between 1940 and 1960. This advocacy for federalism emerged in a colonial political system defined by a racially differentiated electorate with separate representative systems and voting by racially defined groups. The European minority in Kenya enjoyed pride of place in 1945, but demands for greater political participation from the larger Asian and African communities and the British government's support for a sharing of power among Kenya's racial group placed Kenya's Europeans on the defensive. The declaration of a state of Emergency in Kenya in October 1952 and the outbreak of the Mau Mau war/rebellion added to European concerns and uncertainties that provided powerful fuel for federalist ideas throughout the rest of the decade. For example, the political reforms pushed by the British government and the colonial state in response to the war/rebellion provoked enhanced calls for federalism among the vocal minority among the European community. Federalism remains a controversial topic in Kenyan history and in contemporary Kenya. In the current century, federal advocacy has been viewed by scholars and public as responsible for outbreaks of pre- and post-election violence. The movers and motives of federal advocates is also a subject that provokes strong opinions as they have often been viewed as racists or tribalists. It is thus important to examine and analyze the movers of majimbo, their motives, the shape and substance of their schemes, and the reasons for their lack of success in moving late colonial Kenya to adopt a federal system. This book demonstrates that the decade of the 1950s was the high water point for federalism in Kenyan history. Finally, it is critical to closely review that decade's federalist advocacy in light of Kenya's adoption of a federal scheme of governance with the 2010 constitution. This is the first detailed study of federalism in Kenya during the 1940s and 1950s that provides important grounding and background for the understanding of the later emergence of majimbo in the independence era (1961-1963) and later. The book identifies the movers of federalism during the period of study as well as providing in-depth analysis of the political parties they used to promote provincial autonomy and evolution plans. These include the Federal Independence Party, the Progressive Local Government Party, and the United Party. The analysis reveals that the movers backed majimbo as a defensive mechanism. They hoped it would serve as a means of protecting and perpetuating white privilege in terms of political dominance, segregated schools and public facilities, and, most of all, exclusive European control of a large portion of the colony's productive farm land, the white highlands. Majimbo in Kenya's Past is an important book for African studies, history, and politics.
Author: Keith G. Banting
Publisher: Taylor & Francis
ISBN: 9780458959501
Category : Law
Languages : en
Pages : 376
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Book Description
