Cities In Federal Constitutional Theory

Author : Erika Arban
Publisher : Oxford University Press
Page : 241 pages
File Size : 49,6 Mb
Release : 2022-08-18
Category : Constitutional law
ISBN : 9780192843272

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Cities in Federal Constitutional Theory by Erika Arban Pdf

The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.

Author : Erika Arban
Publisher : Oxford University Press
Page : 241 pages
File Size : 43,5 Mb
Release : 2022-07-25
Category : Law
ISBN : 9780192655004

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Cities in Federal Constitutional Theory by Erika Arban Pdf

The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.

Author : Ran Hirschl
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 49,8 Mb
Release : 2020
Category : Law
ISBN : 9780190922771

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City, State by Ran Hirschl Pdf

"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--

Author : Ernst Hirsch Ballin,Gerhard van der Schyff,Maarten Stremler,Maartje De Visser
Publisher : Springer Nature
Page : 345 pages
File Size : 44,5 Mb
Release : 2021-03-27
Category : Law
ISBN : 9789462654310

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European Yearbook of Constitutional Law 2020 by Ernst Hirsch Ballin,Gerhard van der Schyff,Maarten Stremler,Maartje De Visser Pdf

The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward. Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.

Author : Gianfranco Pellegrino
Publisher : Springer Nature
Page : 1286 pages
File Size : 43,9 Mb
Release : 2024-07-01
Category : Electronic
ISBN : 9783031070020

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Handbook of the Philosophy of Climate Change by Gianfranco Pellegrino Pdf

Author : Nico Steytler
Publisher : Springer Nature
Page : 617 pages
File Size : 46,5 Mb
Release : 2024-07-01
Category : Electronic
ISBN : 9783031412837

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The Forum of Federations Handbook on Local Government in Federal Systems by Nico Steytler Pdf

Author : Wallace Sayre,Herbert Kaufman
Publisher : Russell Sage Foundation
Page : 836 pages
File Size : 46,6 Mb
Release : 1960-12-31
Category : Political Science
ISBN : 9781610446860

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Governing New York City by Wallace Sayre,Herbert Kaufman Pdf

This widely acclaimed study of political power in a metropolitan community portrays the political system in its entirety and in balance—and retains much of the drama, the excitement, and the special style of New York City. It discusses the stakes and rules of the city's politics, and the individuals, groups, and official agencies influencing government action.

Author : J. Harvie Wilkinson
Publisher : OUP USA
Page : 174 pages
File Size : 40,5 Mb
Release : 2012-03-12
Category : Law
ISBN : 9780199846016

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Cosmic Constitutional Theory by J. Harvie Wilkinson Pdf

What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.

Author : Benjamen Gussen
Publisher : Palgrave Macmillan
Page : 493 pages
File Size : 55,8 Mb
Release : 2020-08-14
Category : Law
ISBN : 9811369526

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Axial Shift by Benjamen Gussen Pdf

This book uses historical analysis, constitutional economics, and complexity theory to furnish an account of city subsidiarity as a legal, ethical, political, and economic principle. The book contemplates subsidiarity as a constitutional principle, where cities would benefit from much wider local autonomy. Constitutional economics suggests an optimal limit to jurisdictional footprints (territories). This entails preference for political orders where sovereignty is shared between different cities rather states where capital cities dominate. The introduction of city subsidiarity as a constitutional principle holds the key to economic prosperity in a globalizing world. Moreover, insights from complexity theory suggest subsidiarity is the only effective response to the ‘problem of scale.’ It is a fitness trait that prevents highly complex systems from collapsing. The nation-state is a highly complex system within which cities function as ‘attractors.’ The collapse of such systems would ensue if there were strong coupling between attractors. Such coupling obtains under legal monism. Only subsidiarity can make the eventuality of collapse improbable. The emergent and self-organizing properties of subsidiarity entail a shift in policy emphasis towards cities with a wide margin of autonomy.

Author : Martin Loughlin
Publisher : Harvard University Press
Page : 273 pages
File Size : 48,8 Mb
Release : 2022-05-17
Category : LAW
ISBN : 9780674268029

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Against Constitutionalism by Martin Loughlin Pdf

A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Author : Randy J. Kozel
Publisher : Cambridge University Press
Page : 191 pages
File Size : 48,8 Mb
Release : 2017-06-06
Category : Law
ISBN : 9781107127531

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Settled Versus Right by Randy J. Kozel Pdf

This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Author : Erika Arban,Giuseppe Martinico,Francesco Palermo
Publisher : Routledge
Page : 274 pages
File Size : 54,9 Mb
Release : 2021-05-09
Category : Law
ISBN : 9781000385571

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Federalism and Constitutional Law by Erika Arban,Giuseppe Martinico,Francesco Palermo Pdf

This volume examines the relationship between central government and local institutions, taking Italy as a case study to present a comparative perspective on how the Italian experience has influenced the global developments of federal and regional states. As the country with the longest standing regional system, Italy has a lot to tell countries that are dealing with similar issues in present times. Adopting a theoretical/analytical approach coupled with comparative analysis, this volume critically reflects on the changes brought to the Italian system of government by the reform of Title V of the Italian constitution, the reasons why further decentralisation has been resisted and offers a comparative overview of the place and contributions that the Italian experience has brought to the global debate on regionalism and federalism. The book is divided into two parts: Part I distils the essence of the evolution of Italian regionalism and the respective debate before and after 2001. While focusing on Italy, the various chapters situate it within the global framework of discussion. Part II reflects on how the Italian regional constitutional architecture contributes to the global debate, particularly focusing on the main innovations brought about by constitutional reform. The book will be essential reading for researchers, academics and policy-makers working in the areas of constitutional law and politics, and federalism. Chapters 5 and 8 of this book are freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781003104469

Author : Erin Tolley
Publisher : Unknown
Page : 0 pages
File Size : 41,7 Mb
Release : 2001
Category : Constitutional amendments
ISBN : OCLC:48559778

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Municipalities, the Constitution, and the Canadian Federal System by Erin Tolley Pdf

Author : Richard Schragger,Richard C. Schragger
Publisher : Oxford University Press
Page : 337 pages
File Size : 55,8 Mb
Release : 2016
Category : POLITICAL SCIENCE
ISBN : 9780190246662

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City Power by Richard Schragger,Richard C. Schragger Pdf

"Reigning theories of urban power suggest that in a world dominated by footloose transnational capital, cities have little capacity to effect social change. In City Power, Schragger challenges this conventional wisdom, arguing that cities can and should pursue aims other than making themselves attractive to global capital. Using the municipal living wage movement as an example, Schragger explains why cities are well-positioned to address issues like income equality and how our institutions can be designed to allow them to do so"--

Author : United States. Congress. Senate. Committee on Labor and Human Resources
Publisher : Unknown
Page : 262 pages
File Size : 47,8 Mb
Release : 1986
Category : Civil rights
ISBN : STANFORD:36105045506123

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Proposed Grove City Legislation, Religious Liberty, and Private Education by United States. Congress. Senate. Committee on Labor and Human Resources Pdf