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Federalism and Constitutional Change by William S. Livingston Pdf
Study examines the nature of federal government by picturing its workings as a process in which the diversified elements that compose a federal state integrate and compromise their differences, rather than as a set of institutions and procedures whose operation is wholly determined by the legal norms and structures.
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
In Charter Versus Federalism, Alan Cairns provides an insightful analysis of the consequences -- for citizen and government alike -- of the changes undergone by the Canadian constitution, especially since 1982. He also illuminates the difficulties of resolving the constitutional tensions between Quebec and The Rest of Canada.
Author : Keith G. Banting,Richard Simeon Publisher : Taylor & Francis Page : 376 pages File Size : 42,5 Mb Release : 1983 Category : Law ISBN : 0458959502
The Politics of Constitutional Reform in North America by Rainer-Olaf Schultze Pdf
In October 1999, some fifteen academic experts and government practitio ners from Germany and North America gathered for two days at the Uni ver sity of Augsburg to discuss the topic of "Constitutional Reform and Consti tutional Jurisprudence in Canada and the United States." The present volume documents the results of that conference, a collaborative effort of the De partment of Political Science, University of Erlangen-Nuremberg, and the Institute for Canadian Studies, University of Augsburg. In organizing this workshop, we were guided by two basic sets of ideas and assumptions: First, all "established" democracies are regularly confron ted with the need to adjust their constitutional order to changes in their envi ronment lest democratic stability be transformed into rigidity; in many wes tern nations, including Canada and the United States, developments such as the crisis of the Keynesian welfare-state or the emergence of increasingly heterogeneous, postmodern societies have ushered in an era of heightened, yet not always successful constitutional reform activity. Secondly, however, there is no unique path towards, or model of, an "optimal" constitutional order, however defined; rather, constitutional reform processes, their under Iying normative principles and their outcomes are strongly path and context dependent. Therefore, the participants of the workshop and authors of this volume were asked to examine the specific preconditions, context, nature and impact of recent constitutional reform processes in the Uni ted States and Canada.
Federal systems are praised for creating political stability, but they are also blamed for causing rigidity. They are said to balance powers, but apparently they are also threatened by instability due to drifts in power. Federalism should support democratization, but it can also constrain the power of the demos and strengthen the executive. In short, there is widespread agreement that federal systems are dynamic. The forces, mechanisms and consequences of federal dynamics, however, are not sufficiently understood so far. This book brings together leading experts in the field of comparative federalism to highlight how the interplay of continuity and change systematically generates and reinforces varieties of federalism and varieties of federal dynamics. Federal Dynamics: Continuity, Change and Varieties of Federalism investigates mechanisms and resulting patterns of federal development. It offers new analytical concepts and discusses different theoretical propositions to systematically compare convergent and divergent trends in federal systems. Acknowledging the theoretical pluralism that dominates the field, the book is organized around four sections: Models, Varieties and Dimensions of Federalism; Timing, Sequencing and Historical Evolution; Social Change and Political Structuring; and Actors, Institutions and Internal Dynamics. The contributions to this volume are variously concerned with three guiding questions: What changes within federal systems, how and why? The focus provided by these three guiding questions allows for a dialogue between strands of the literature that have not talked to each other in a sufficient manner. In this way, the book makes a significant contribution to the growing literature on continuity and change in federal systems. Ultimately, it represents a substantive effort in advancing research on comparative federalism.
The Costs of Constitutional Change by George Fallis Pdf
Contents: 1 The Constitutional Dilemma 2 Our Existing Federal System 3 One Country: Alternative Federal Structures 4 Economic Principles and Constitutional Design 5 Can the Alternatives Help Meet Our Economic Challenges 6 Two Countries: ROC and Quebec 7 Afterword Bibliography
Queen's University (Kingston, Ont.). Institute of Intergovernmental Relations,Business Council on National Issues
Author : Queen's University (Kingston, Ont.). Institute of Intergovernmental Relations,Business Council on National Issues Publisher : Unknown Page : 368 pages File Size : 51,6 Mb Release : 1991 Category : Canada ISBN : STANFORD:36105041126637
Options for a New Canada by Queen's University (Kingston, Ont.). Institute of Intergovernmental Relations,Business Council on National Issues Pdf
The authors of 17 contributions present a wide range of proposals for both the future constitutional structure of Canada and the processes required to achieve agreement on that structure. They all agree that Canada faces a profound crisis and that significant change to the current Canadian federation is inevitable. No index. Annotation copyrighted by Book News, Inc., Portland, OR
The Politics of Constitutional Change in Industrial Nations by Richard Simeond Pdf
During the last two decades serious attempts to alter basic constitutional structures have taken place in many industrial nations, even in those often thought to have highly stable political institutions. In some cases, such as Belgium and Spain, far-reaching constitutional changes have been put in place; in others advocates of reform have achieved only partial victories or have been entirely frustrated. In all cases, controversy over the constitution has been intense, involving basic conceptions of legitimacy, representation, sovereignty and the purposes of the state. Constitutional politics often reveals much about political life of modern societies that is obscured in day-to-day events. The results of constitutional changes can significantly affect the distribution of power, the ability to manage conflict and the outcomes of policy debates. This book explores the dynamics of constitutional politics through case studies of Spain, Belgium, Canada, the United Kingdom, the United States, West Germany and Eastern Europe, including Poland, prepared by leading students of these countries. Other chapters draw out the more general patterns of constitutional politics, highlighting the pressures which lead to change, and the formidable obstacles confronting them.
Routledge Handbook of Comparative Constitutional Change by Xenophon Contiades,Alkmene Fotiadou Pdf
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.