Constitutional Origins Structure And Change In Federal Countries

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Constitutional Origins, Structure, and Change in Federal Countries

Author : International Association of Centers for Federal Studies,Forum of Federations
Publisher : McGill-Queen's Press - MQUP
Page : 479 pages
File Size : 53,7 Mb
Release : 2005
Category : Political Science
ISBN : 9780773529168

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Constitutional Origins, Structure, and Change in Federal Countries by International Association of Centers for Federal Studies,Forum of Federations Pdf

Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher (Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan Marcos Gutiérrez González (Mexico), John Kincaid (USA), Rainer Knopff (Canada), Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland), Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA).The Frech edition is Forthcoming in the Fall 2005 as Les origines, structure, et changements constitutionnels dans les pays fédéraux

Dialogues on Constitutional Origins, Structure, and Change in Federal Countries

Author : International Association of Centers for Federal Studies,Forum of Federations
Publisher : McGill-Queen's Press - MQUP
Page : 84 pages
File Size : 50,5 Mb
Release : 2005
Category : Political Science
ISBN : 077352939X

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Dialogues on Constitutional Origins, Structure, and Change in Federal Countries by International Association of Centers for Federal Studies,Forum of Federations Pdf

An exploration of the origins, structure, and change of twelve federal constitutions.

Courts in Federal Countries

Author : Nicholas Theodore Aroney,John Kincaid
Publisher : University of Toronto Press
Page : 600 pages
File Size : 44,8 Mb
Release : 2017-04-24
Category : Law
ISBN : 9781487511487

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Courts in Federal Countries by Nicholas Theodore Aroney,John Kincaid Pdf

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. 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. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

Local Government and Metropolitan Regions in Federal Countries

Author : John Kincaid,Nico Steytler
Publisher : McGill-Queen's Press - MQUP
Page : 440 pages
File Size : 49,5 Mb
Release : 2009-07-01
Category : Political Science
ISBN : 9780773576452

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Local Government and Metropolitan Regions in Federal Countries by John Kincaid,Nico Steytler Pdf

While local government is found in all federal countries, its place and role in the governance of these countries varies considerably. In some countries, local government is considered an essential part of the federal nature of the state and recognized in the constitution as such, whereas in others it is simply a creature of the subnational states/provinces. When referring to local government it is more correct to refer to local governments (plural), as these institutions come in all shapes and sizes, performing widely divergent functions. They range from metropolitan municipalities of mega-cities to counties, small town councils, and villages. Their focus is either multi-purpose in the case of municipalities or single purpose in the case of special districts and school districts. What unites these institutions of state is that there is no level of government below them. That is also their strength and the source of their democratic claim - they are the government closest to the people. Political science experts from across the globe examine local governments by drawing on case studies of Australia, Austria, Brazil, Canada, Germany, India, Mexico, Nigeria, Switzerland, Spain, South Africa, and United States. Contributors include Martin Burgi (Ruhr-University Bochum), Luis Cesar de Queiroz Ribeiro (Federal University of Rio de Janeiro), Jaap de Visser (University of Western Cape), Habu Galadima (University of Jos), Sol Garson (Federal University of Rio de Janeiro) Boris Graizbord (National College of Mexico), Rakesh Hooja (HCM Rajasthan State Institute of Public Administration, India), Andreas Kiefer (European Affairs Office of the Land Salzburg), Andreas Ladner (Swiss Graduate School of Public Administration), George Mathew (Institute of Social Sciences, India), Mike Pagano (University of Illinois at Chicago), Graham Sansom (University of Technology Sydney), Franz Schausberger (Salzburg University), Nico Steytler (University of Western Cape), Francisco Velasco Caballero (Universidad Autónoma de Madrid), and Robert Young (University of Western Ontario).

Constitutional Dynamics in Federal Systems

Author : Michael Burgess,G. Alan Tarr
Publisher : McGill-Queen's Press - MQUP
Page : 353 pages
File Size : 48,9 Mb
Release : 2012-03-09
Category : Political Science
ISBN : 9780773587021

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Constitutional Dynamics in Federal Systems by Michael Burgess,G. Alan Tarr Pdf

Providing a comprehensive view of the constitutional architecture of federations, contributors address change and development in federal states from the standpoint of constitutional revision and reform. Oftentimes change comes from the constituent units that together form a federation. With this in mind, political scientists and legal scholars from across Europe and North America address three important questions. First, what is the scope of national space - the range of discretion and autonomy in constitutional design and development - that is available to the sub-national units in federal system? Second, to what extent have the sub-national units occupied the constitutional space available to them? Third, what have been the effects of constitutional initiatives by sub-national units within their constitutional space on national constitutional development (vertical federalism), on constitutional development in other sub-national units (horizontal federalism), and on political development within their own borders? A comparative, interdisciplinary approach to constitutionalism in federal systems, this volume will be of particular interest to scholars studying federalism, comparative politics, public law, and political development. Contributors include Michael Burgess (University of Kent) and G. Alan Tarr (Rutgers University-Camden), John J. Dinan (Wake Forest University), Arthur Gunlicks (University of Richmond), Peter Bu?jäger (University of Innsbruck), Jens Woelk (University of Trento), Nicolas Schmitt (University of Fribourg), Patrick Peeters (University of Leuven), Gerald Baier (University of British Columbia), Stephen Tierney (University of Edinburgh), Carlos Viver (University of Barcelona), Francesco Palermo (University of Verona), Anneli Albi (University of Kent), Ornella Porchia (University of Turin).

Changing Federal Constitutions

Author : Arthur Benz,Felix Knüpling
Publisher : Verlag Barbara Budrich
Page : 420 pages
File Size : 41,7 Mb
Release : 2012-05-30
Category : Political Science
ISBN : 9783866495531

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Changing Federal Constitutions by Arthur Benz,Felix Knüpling Pdf

This book analyses constitutional change in federal and decentralizing countries from a comparative perspective. The authors identify structures, processes and strategies which have proven to favour successful constitutional amendment. Thereby, the book enables public officials, scholars, and students to learn from the constitutional reform experiences of other federal democracies and from practical suggestions how future reforms could be designed. From the Contents: The Relevance of Constitutional Change Constitutional Reform in “Co-operative” Federalism Constitutional Reform in Federal Systems with Divided Societies Devolution and Regionalisation in Federalising States Processes of Ratification Evolution after a Constitutional Reform Conclusion

The Federalist Papers

Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 55,8 Mb
Release : 2018-08-20
Category : History
ISBN : 9781528785877

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The Federalist Papers by Alexander Hamilton,John Jay,James Madison Pdf

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.

Contemporary Canadian Federalism

Author : Alain-G. Gagnon
Publisher : University of Toronto Press
Page : 497 pages
File Size : 49,7 Mb
Release : 2009-06-06
Category : Political Science
ISBN : 9781442692527

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Contemporary Canadian Federalism by Alain-G. Gagnon Pdf

First published in French in 2006, Le fédéralisme canadien contemporain was immediately recognised as the most comprehensive collection of reflections on Canadian federalism by leading Québécois scholars. This remarkable translation of a range of Québécois voices makes their insightful and underrepresented perspectives available to English-language audiences. Offering alternative views of the Canadian federal model's realities by covering its foundations, traditions, and institutions, Contemporary Canadian Federalism considers the ways in which federalism relates to issues such as regionalism, multiculturalism, rights and freedoms, financial distribution, and public policy. Filled with stimulating work that bridges the gap between distinctive traditions in English- and French-Canadian scholarship on federalism, this important volume is required reading for understanding provincial-federal relations and Canadian governance.

The Federal Contract

Author : Professor of Constitutional Theory Stephen Tierney,Stephen Tierney
Publisher : Oxford University Press
Page : 353 pages
File Size : 47,9 Mb
Release : 2022-06-14
Category : Federal government
ISBN : 9780198806745

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The Federal Contract by Professor of Constitutional Theory Stephen Tierney,Stephen Tierney Pdf

Federalism is a very familiar form of government. It characterises the first modern constitution-that of the United States-and has been deployed by constitution-makers to manage large and internally diverse polities at various key stages in the history of the modern state. Despite its pervasiveness in practice, this book argues that federalism has been strangely neglected by constitutional theory. It has tended either to be subsumed within one default account of modern constitutionalism, or it has been treated as an exotic outlier - a sui generis model of the state, rather than a form of constitutional ordering for the state. This neglect is both unsatisfactory in conceptual terms and problematic for constitutional practitioners, obscuring as it does the core meaning, purpose and applicability of federalism as a specific model of constitutionalism with which to organise territorially pluralised and demotically complex states. In fact, the federal contract represents a highly distinctive order of rule which in turn requires a particular, 'territorialised' approach to many of the fundamental concepts with which constitutionalists and political actors operate: constituent power, the nature of sovereignty, subjecthood and citizenship, the relationship between institutions and constitutional authority, patterns of constitutional change and, ultimately, the legitimacy link between constitutionalism and democracy. In rethinking the idea and practice of federalism, this book adopts a root and branch recalibration of the federal contract. It does so by analysing federalism through the conceptual categories that characterise the nature of modern constitutionalism: foundations, authority, subjecthood, purpose, design and dynamics. This approach seeks to explain and in so doing revitalise federalism as a discrete, capacious and adaptable concept of rule that can be deployed imaginatively to facilitate the deep territorial variety that characterises so many states in the 21st century.

Legislative, Executive, and Judicial Governance in Federal Countries

Author : Katy Le Roy
Publisher : McGill-Queen's Press - MQUP
Page : 416 pages
File Size : 42,7 Mb
Release : 2006
Category : Law
ISBN : 9780773560147

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Legislative, Executive, and Judicial Governance in Federal Countries by Katy Le Roy Pdf

Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.

Routledge Handbook of Constitutional Law

Author : Mark Tushnet,Thomas Fleiner,Cheryl Saunders
Publisher : Routledge
Page : 504 pages
File Size : 43,6 Mb
Release : 2013-06-26
Category : Law
ISBN : 9781135100193

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Routledge Handbook of Constitutional Law by Mark Tushnet,Thomas Fleiner,Cheryl Saunders Pdf

The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.

Minority Rules

Author : David Lublin
Publisher : Oxford University Press
Page : 416 pages
File Size : 45,5 Mb
Release : 2014-10-20
Category : Political Science
ISBN : 9780199948833

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Minority Rules by David Lublin Pdf

Named the American Political Science Association's Best Book on Race, Ethnicity, and Politics for 2014 When we think of minorities--linguistic, ethnic, religious, regional, or racial--in world politics, conflict is often the first thing that comes to mind. Indeed, discord and tension are the depressing norms in many states across the globe: Iraq, the former Yugoslavia, Sudan, Israel, Sri Lanka, Burma, Rwanda, and many more. But as David Lublin points out in this magisterial survey of minority-based political groups across the globe, such parties typically function fairly well within larger polities. In Minority Rules, he eschews the usual approach of shining attention on conflict and instead looks at the representation of minority groups in largely peaceful and democratic countries throughout the world, from the tiniest nations in Polynesia to great powers like Russia. Specifically, he examines factors behind the electoral success of ethnic and regional parties and, alternatively, their failure to ever coalesce to explain how peaceful democracies manage relations between different groups. Contrary to theories that emphasize sources of minority discontent that exacerbate ethnic cleavages--for instance, disputes over control of natural resource wealth--Minority Rules demonstrates that electoral rules play a dominant role in explaining not just why ethnic and regional parties perform poorly or well but why one potential ethnic cleavage emerges instead of another. This is important because the emergence of ethnic/regional parties along with the failure to incorporate them meaningfully into political systems has long been associated with ethnic conflict. Therefore, Lublin's findings, which derive from an unprecedentedly rich empirical foundation, have important implications not only for reaching successful settlements to such conflicts but also for preventing violent majority-minority conflicts from ever occurring in the first place.

The Lander and German Federalism

Author : Arthur Gunlicks
Publisher : Manchester University Press
Page : 426 pages
File Size : 52,8 Mb
Release : 2003-11-22
Category : Political Science
ISBN : 071906533X

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The Lander and German Federalism by Arthur Gunlicks Pdf

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.

Legislative, Executive, and Judicial Governance in Federal Countries

Author : Katy Le Roy,Cheryl Saunders
Publisher : McGill-Queen's Press - MQUP
Page : 779 pages
File Size : 53,5 Mb
Release : 2006-09-19
Category : Law
ISBN : 9780773577909

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Legislative, Executive, and Judicial Governance in Federal Countries by Katy Le Roy,Cheryl Saunders Pdf

Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.