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Author: Daniel Halberstam
Publisher: Springer
ISBN: 9789402407099
Category : Law
Languages : en
Pages : 0
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Book Description
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
Author: Daniel Halberstam
Publisher: Springer Science & Business Media
ISBN: 9400773986
Category : Law
Languages : en
Pages : 554
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Book Description
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
Author: Daniel Ziblatt
Publisher: Princeton University Press
ISBN: 1400827248
Category : Political Science
Languages : en
Pages : 235
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Book Description
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.
Author: Arthur B. Gunlicks
Publisher: Berghahn Books
ISBN: 9781571813930
Category : History
Languages : en
Pages : 264
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Book Description
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.
Author: Arthur Gunlicks
Publisher: Manchester University Press
ISBN: 9780719065330
Category : Political Science
Languages : en
Pages : 426
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Book Description
This book provides a detailed introduction to how the Lander (the 16 states of Germany) function not only within the country itself but also within the wider context of European political affairs. Some knowledge of the role of the Lander is essential to an understanding of the political system as well as of German federalism. This book traces the origin of the Lander. It looks at their place in the constitutional order of the country and the political and administrative system. Their organization and administration are fully covered, as is their financing. Parties and elections in the Lander and the controversial roles of parliaments and deputies are also examined.
Author: Nicholas Aroney
Publisher: University of Toronto Press
ISBN: 1487500629
Category : Law
Languages : en
Pages : 598
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Book Description
Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.
Author: Markus W. Gehring
Publisher: Cambridge University Press
ISBN: 1108848982
Category : Law
Languages : en
Pages : 439
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Book Description
The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.
Author: Alison L. LaCroix
Publisher: Harvard University Press
ISBN: 0674062035
Category : Law
Languages : en
Pages : 321
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Book Description
Federalism is regarded as one of the signal American contributions to modern politics. Its origins are typically traced to the drafting of the Constitution, but the story began decades before the delegates met in Philadelphia. In this groundbreaking book, Alison LaCroix traces the history of American federal thought from its colonial beginnings in scattered provincial responses to British assertions of authority, to its emergence in the late eighteenth century as a normative theory of multilayered government. The core of this new federal ideology was a belief that multiple independent levels of government could legitimately exist within a single polity, and that such an arrangement was not a defect but a virtue. This belief became a foundational principle and aspiration of the American political enterprise. LaCroix thus challenges the traditional account of republican ideology as the single dominant framework for eighteenth-century American political thought. Understanding the emerging federal ideology returns constitutional thought to the central place that it occupied for the founders. Federalism was not a necessary adaptation to make an already designed system work; it was the system. Connecting the colonial, revolutionary, founding, and early national periods in one story reveals the fundamental reconfigurations of legal and political power that accompanied the formation of the United States. The emergence of American federalism should be understood as a critical ideological development of the period, and this book is essential reading for everyone interested in the American story.
Author: Roberto Scarciglia
Publisher: Edward Elgar Publishing
ISBN: 1035308800
Category : Law
Languages : en
Pages : 239
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Book Description
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems.
Author: Katharina Boele-Woelki
Publisher: Intersentia nv
ISBN: 9050952879
Category : Domestic relations
Languages : en
Pages : 600
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Book Description
Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
Author: John Kincaid
Publisher: Edward Elgar Publishing
ISBN: 1788112970
Category : Political Science
Languages : en
Pages : 231
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Book Description
In this forward-thinking book, fifteen leading scholars set forth cutting-edge agendas for research on significant facets of federalism, including basic theory, comparative studies, national and subnational constitutionalism, courts, self-rule and shared rule, centralization and decentralization, nationalism and diversity, conflict resolution, gender equity, and federalism challenges in Africa, Asia, and the European Union. More than 40 percent of the world’s population lives under federal arrangements, making federalism not only a major research subject but also a vital political issue worldwide.
