Author: R. Daniel. KELEMEN
Publisher: Harvard University Press
ISBN: 0674039424
Category : Business & Economics
Languages : en
Pages : 257
Book Description
This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
The Rules of Federalism
Author: R. Daniel. KELEMEN
Publisher: Harvard University Press
ISBN: 0674039424
Category : Business & Economics
Languages : en
Pages : 257
Book Description
This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
Publisher: Harvard University Press
ISBN: 0674039424
Category : Business & Economics
Languages : en
Pages : 257
Book Description
This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
Constitutional Fragments
Author: Gunther Teubner
Publisher: OUP Oxford
ISBN: 0191629340
Category : Law
Languages : en
Pages : 226
Book Description
In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the 'private' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditional constitutionalism needs to be counteracted by a sociological approach which, so far, has remained neglected in the constitutional debate. Constitutional sociology projects the questions of constitutionalism not only onto the relationship between public politics and law, but onto the whole society. It argues that constitutionalism has the potential to counteract the expansionist tendencies of social systems outside the state world, particularly of the globalized economy, science and technology, and the information media, when they endanger individual or institutional autonomy. The book identifies transnational regimes, particularly in the private area, as the new constitutional subjects in a global society, rivals to the order and power of nation states. It presents a model of transnational, societal constitutional fragments that could bring the values of constitutionalism to bear on these private networks, examining the potential horizontal application of human rights in the private sphere, and how such fragments could interact. An original and provocative contribution to the literature on modern constitutionalism, Constitutional Fragments is essential reading for all those engaged in transnational political theory.
Publisher: OUP Oxford
ISBN: 0191629340
Category : Law
Languages : en
Pages : 226
Book Description
In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the 'private' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditional constitutionalism needs to be counteracted by a sociological approach which, so far, has remained neglected in the constitutional debate. Constitutional sociology projects the questions of constitutionalism not only onto the relationship between public politics and law, but onto the whole society. It argues that constitutionalism has the potential to counteract the expansionist tendencies of social systems outside the state world, particularly of the globalized economy, science and technology, and the information media, when they endanger individual or institutional autonomy. The book identifies transnational regimes, particularly in the private area, as the new constitutional subjects in a global society, rivals to the order and power of nation states. It presents a model of transnational, societal constitutional fragments that could bring the values of constitutionalism to bear on these private networks, examining the potential horizontal application of human rights in the private sphere, and how such fragments could interact. An original and provocative contribution to the literature on modern constitutionalism, Constitutional Fragments is essential reading for all those engaged in transnational political theory.
Money Rules
Author: Anthony Gierzynski
Publisher: Routledge
ISBN: 0429967403
Category : Political Science
Languages : en
Pages : 158
Book Description
The role of money in the US electoral process has become more and more controversial in recent years. Following the Buckley ruling and other legislation in 1996, candidates and political parties are free to raise virtually unlimited soft money, making money perhaps the most significant factor in a campaigns success. In Money Rules , Anthony Gierzynski theorizes that, under our current system of financing elections, our political process has tilted too far in favor of political freedom , at the expense of political equality . Gierzynski examines the historical roots of the campaign finance dilemma, demonstrates its effects on the local, state, and national levels, and projects the long-term outcomes for American politics.
Publisher: Routledge
ISBN: 0429967403
Category : Political Science
Languages : en
Pages : 158
Book Description
The role of money in the US electoral process has become more and more controversial in recent years. Following the Buckley ruling and other legislation in 1996, candidates and political parties are free to raise virtually unlimited soft money, making money perhaps the most significant factor in a campaigns success. In Money Rules , Anthony Gierzynski theorizes that, under our current system of financing elections, our political process has tilted too far in favor of political freedom , at the expense of political equality . Gierzynski examines the historical roots of the campaign finance dilemma, demonstrates its effects on the local, state, and national levels, and projects the long-term outcomes for American politics.
Weber's Scorecard
Author: Edward C. Page
Publisher: Oxford University Press
ISBN: 0198904282
Category : Political Science
Languages : en
Pages : 321
Book Description
This book examines Max Weber's understanding of bureaucracy by applying his ideas to the development of officialdom from the ninth century to the present in six territories: England, Sweden, France, Germany, Spain, and Hungary. Edward Page takes a broad view of bureaucracy that includes not only officials in important central or national institutions but also those providing goods and services locally. The 'scorecard' is based on expected developments in four key areas of Weber's analysis: the functional differentiation of tasks within government, professionalism, formalism, and monocracy. After discussing the character of officialdom in the ninth, twelfth, fifteenth, eighteenth, and twenty-first centuries, the book reveals that Weber's scorecard has a mixed record, especially weak in its account of the development of monocracy and formalism. A final chapter discusses alternative conceptions of bureaucratic development and sets out an account based on understanding processes of routinization, institutional integration, and the instrumentalization of law.
Publisher: Oxford University Press
ISBN: 0198904282
Category : Political Science
Languages : en
Pages : 321
Book Description
This book examines Max Weber's understanding of bureaucracy by applying his ideas to the development of officialdom from the ninth century to the present in six territories: England, Sweden, France, Germany, Spain, and Hungary. Edward Page takes a broad view of bureaucracy that includes not only officials in important central or national institutions but also those providing goods and services locally. The 'scorecard' is based on expected developments in four key areas of Weber's analysis: the functional differentiation of tasks within government, professionalism, formalism, and monocracy. After discussing the character of officialdom in the ninth, twelfth, fifteenth, eighteenth, and twenty-first centuries, the book reveals that Weber's scorecard has a mixed record, especially weak in its account of the development of monocracy and formalism. A final chapter discusses alternative conceptions of bureaucratic development and sets out an account based on understanding processes of routinization, institutional integration, and the instrumentalization of law.
Varieties of Capitalism in History, Transition and Emergence
Author: Martha Prevezer
Publisher: Taylor & Francis
ISBN: 1317819233
Category : Business & Economics
Languages : en
Pages : 295
Book Description
Economics tends to teach that developed countries have good institutions while developing countries do not, and that this is the factor that constrains the latter's growth. However, the picture is far messier than this explanation suggests. Building on the varieties of capitalism framework, this book brings together the tools of institutional economics with historical analyses of institutional evolution of different kinds of property rights and legal systems, protected by different kinds of state, giving rise to distinct corporate governance structures. It constructs institutional development histories across leading liberal capitalisms in Britain and the United States, compared with continental capitalisms in France and Germany, and contemporary transitional capitalisms in China and Tanzania. This volume is innovative in combining both historical and economic insights, and in combining developed country with developing country institutional emergence, dispelling the prevailing sense of complacency about the inevitability of the path of institutional development for the developed areas of the world and the paths that developing countries are likely to follow. This volume will be of great importance to those who study international economics, development economics and international business.
Publisher: Taylor & Francis
ISBN: 1317819233
Category : Business & Economics
Languages : en
Pages : 295
Book Description
Economics tends to teach that developed countries have good institutions while developing countries do not, and that this is the factor that constrains the latter's growth. However, the picture is far messier than this explanation suggests. Building on the varieties of capitalism framework, this book brings together the tools of institutional economics with historical analyses of institutional evolution of different kinds of property rights and legal systems, protected by different kinds of state, giving rise to distinct corporate governance structures. It constructs institutional development histories across leading liberal capitalisms in Britain and the United States, compared with continental capitalisms in France and Germany, and contemporary transitional capitalisms in China and Tanzania. This volume is innovative in combining both historical and economic insights, and in combining developed country with developing country institutional emergence, dispelling the prevailing sense of complacency about the inevitability of the path of institutional development for the developed areas of the world and the paths that developing countries are likely to follow. This volume will be of great importance to those who study international economics, development economics and international business.
American Defense Policy
Author: Paul J. Bolt
Publisher: JHU Press
ISBN: 9780801880933
Category : Political Science
Languages : en
Pages : 506
Book Description
American Defense Policy has been a mainstay for instructors of courses in political science, international relations, military affairs, and American national security for over 25 years. The updated and thoroughly revised eighth edition considers questions of continuity and change in America's defense policy in the face of a global climate beset by geopolitical tensions, rapid technological change, and terrorist violence. On September 11, 2001, the seemingly impervious United States was handed a very sharp reality check. In this new atmosphere of fear and vulnerability, policy makers were forced to make national security their highest priority, implementing laws and military spending initiatives to combat the threat of international terrorism.In this volume, experts examine the many factors that shape today's security landscape - America's values, the preparation of future defense leaders, the efforts to apply what we have learned from Afghanistan and Iraq...
Publisher: JHU Press
ISBN: 9780801880933
Category : Political Science
Languages : en
Pages : 506
Book Description
American Defense Policy has been a mainstay for instructors of courses in political science, international relations, military affairs, and American national security for over 25 years. The updated and thoroughly revised eighth edition considers questions of continuity and change in America's defense policy in the face of a global climate beset by geopolitical tensions, rapid technological change, and terrorist violence. On September 11, 2001, the seemingly impervious United States was handed a very sharp reality check. In this new atmosphere of fear and vulnerability, policy makers were forced to make national security their highest priority, implementing laws and military spending initiatives to combat the threat of international terrorism.In this volume, experts examine the many factors that shape today's security landscape - America's values, the preparation of future defense leaders, the efforts to apply what we have learned from Afghanistan and Iraq...
Everyday Life and the State
Author: Peter Bratsis
Publisher: Routledge
ISBN: 1317260031
Category : Social Science
Languages : en
Pages : 224
Book Description
'Peter Bratsis breaks new ground, forcing us to think of the connections between big structures and our most intimate inner lives. A fascinating and erudite book.' -Frances Fox Piven, CUNY Nearly four centuries ago, liberal political thought asserted that the state was the product of a distant, pre-historical, social contract. Social science has done little to overcome this fiction. Even the most radical of theories have tended to remain silent on the question of the production of the state, preferring instead to focus on the determinations and functions of state actions. Bratsis argues that the causes of the state are to be found within everyday life. Building upon insights from social, political, and anthropological theories, his book shows how the repetitions and habits of our daily lives lead to our nationalization and the perception of certain interests and institutions as 'public.' Bratsis shows that only by seeking the state's everyday, material causes can we free ourselves from the pitfalls of viewing the state as natural, inevitable, and independent from social relations.
Publisher: Routledge
ISBN: 1317260031
Category : Social Science
Languages : en
Pages : 224
Book Description
'Peter Bratsis breaks new ground, forcing us to think of the connections between big structures and our most intimate inner lives. A fascinating and erudite book.' -Frances Fox Piven, CUNY Nearly four centuries ago, liberal political thought asserted that the state was the product of a distant, pre-historical, social contract. Social science has done little to overcome this fiction. Even the most radical of theories have tended to remain silent on the question of the production of the state, preferring instead to focus on the determinations and functions of state actions. Bratsis argues that the causes of the state are to be found within everyday life. Building upon insights from social, political, and anthropological theories, his book shows how the repetitions and habits of our daily lives lead to our nationalization and the perception of certain interests and institutions as 'public.' Bratsis shows that only by seeking the state's everyday, material causes can we free ourselves from the pitfalls of viewing the state as natural, inevitable, and independent from social relations.
The Land of Too Much
Author: Monica Prasad
Publisher: Harvard University Press
ISBN: 0674071549
Category : Social Science
Languages : en
Pages : 306
Book Description
The Land of Too Much presents a simple but powerful hypothesis that addresses three questions: Why does the United States have more poverty than any other developed country? Why did it experience an attack on state intervention starting in the 1980s, known today as the neoliberal revolution? And why did it recently suffer the greatest economic meltdown in seventy-five years? Although the United States is often considered a liberal, laissez-faire state, Monica Prasad marshals convincing evidence to the contrary. Indeed, she argues that a strong tradition of government intervention undermined the development of a European-style welfare state. The demand-side theory of comparative political economy she develops here explains how and why this happened. Her argument begins in the late nineteenth century, when America’s explosive economic growth overwhelmed world markets, causing price declines everywhere. While European countries adopted protectionist policies in response, in the United States lower prices spurred an agrarian movement that rearranged the political landscape. The federal government instituted progressive taxation and a series of strict financial regulations that ironically resulted in more freely available credit. As European countries developed growth models focused on investment and exports, the United States developed a growth model based on consumption. These large-scale interventions led to economic growth that met citizen needs through private credit rather than through social welfare policies. Among the outcomes have been higher poverty, a backlash against taxation and regulation, and a housing bubble fueled by “mortgage Keynesianism.” This book will launch a thousand debates.
Publisher: Harvard University Press
ISBN: 0674071549
Category : Social Science
Languages : en
Pages : 306
Book Description
The Land of Too Much presents a simple but powerful hypothesis that addresses three questions: Why does the United States have more poverty than any other developed country? Why did it experience an attack on state intervention starting in the 1980s, known today as the neoliberal revolution? And why did it recently suffer the greatest economic meltdown in seventy-five years? Although the United States is often considered a liberal, laissez-faire state, Monica Prasad marshals convincing evidence to the contrary. Indeed, she argues that a strong tradition of government intervention undermined the development of a European-style welfare state. The demand-side theory of comparative political economy she develops here explains how and why this happened. Her argument begins in the late nineteenth century, when America’s explosive economic growth overwhelmed world markets, causing price declines everywhere. While European countries adopted protectionist policies in response, in the United States lower prices spurred an agrarian movement that rearranged the political landscape. The federal government instituted progressive taxation and a series of strict financial regulations that ironically resulted in more freely available credit. As European countries developed growth models focused on investment and exports, the United States developed a growth model based on consumption. These large-scale interventions led to economic growth that met citizen needs through private credit rather than through social welfare policies. Among the outcomes have been higher poverty, a backlash against taxation and regulation, and a housing bubble fueled by “mortgage Keynesianism.” This book will launch a thousand debates.
Trust and Violence
Author: Jan Philipp Reemtsma
Publisher: Princeton University Press
ISBN: 1400842344
Category : Philosophy
Languages : en
Pages : 393
Book Description
A philosophical investigation into the connections between trust and violence The limiting of violence through state powers is one of the central projects of the modern age. Why then have recent centuries been so bloody? In Trust and Violence, acclaimed German intellectual and public figure Jan Philipp Reemtsma demonstrates that the aim of decreasing and deterring violence has gone hand in hand with the misleading idea that violence is abnormal and beyond comprehension. We would be far better off, Reemtsma argues, if we acknowledged the disturbing fact that violence is normal. At the same time, Reemtsma contends that violence cannot be fully understood without delving into the concept of trust. Not in violence, but in trust, rests the foundation of true power. Reemtsma makes his case with a wide-ranging history of ideas about violence, from ancient philosophy through Shakespeare and Schiller to Michel Foucault, and by considering specific cases of extreme violence from medieval torture to the Holocaust and beyond. In the midst of this gloomy account of human tendencies, Reemtsma shrewdly observes that even dictators have to sleep at night and cannot rely on violence alone to ensure their safety. These authoritarian leaders must trust others while, by means other than violence, they must convince others to trust them. The history of violence is therefore a history of the peculiar relationship between violence and trust, and a recognition of trust's crucial place in humanity. A broad and insightful book that touches on philosophy, sociology, and political theory, Trust and Violence sheds new, and at times disquieting, light on two integral aspects of our society.
Publisher: Princeton University Press
ISBN: 1400842344
Category : Philosophy
Languages : en
Pages : 393
Book Description
A philosophical investigation into the connections between trust and violence The limiting of violence through state powers is one of the central projects of the modern age. Why then have recent centuries been so bloody? In Trust and Violence, acclaimed German intellectual and public figure Jan Philipp Reemtsma demonstrates that the aim of decreasing and deterring violence has gone hand in hand with the misleading idea that violence is abnormal and beyond comprehension. We would be far better off, Reemtsma argues, if we acknowledged the disturbing fact that violence is normal. At the same time, Reemtsma contends that violence cannot be fully understood without delving into the concept of trust. Not in violence, but in trust, rests the foundation of true power. Reemtsma makes his case with a wide-ranging history of ideas about violence, from ancient philosophy through Shakespeare and Schiller to Michel Foucault, and by considering specific cases of extreme violence from medieval torture to the Holocaust and beyond. In the midst of this gloomy account of human tendencies, Reemtsma shrewdly observes that even dictators have to sleep at night and cannot rely on violence alone to ensure their safety. These authoritarian leaders must trust others while, by means other than violence, they must convince others to trust them. The history of violence is therefore a history of the peculiar relationship between violence and trust, and a recognition of trust's crucial place in humanity. A broad and insightful book that touches on philosophy, sociology, and political theory, Trust and Violence sheds new, and at times disquieting, light on two integral aspects of our society.
The Supreme Court in a Separation of Powers System
Author: Richard Pacelle
Publisher: Routledge
ISBN: 1136657789
Category : Political Science
Languages : en
Pages : 346
Book Description
The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court’s work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people. Pacelle analyzes the Court’s interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system.
Publisher: Routledge
ISBN: 1136657789
Category : Political Science
Languages : en
Pages : 346
Book Description
The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court’s work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people. Pacelle analyzes the Court’s interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system.