Federalism And Constitutional Law

Author : Erika Arban,Giuseppe Martinico,Francesco Palermo
Publisher : Routledge
Page : 274 pages
File Size : 50,7 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 : Hugo Cyr
Publisher : Peter Lang
Page : 310 pages
File Size : 48,9 Mb
Release : 2009
Category : Law
ISBN : 9052014531

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Canadian Federalism and Treaty Powers by Hugo Cyr Pdf

With the increased mobility and interdependence brought on by globalisation, governments can no longer deal effectively with what were traditionally regarded as «domestic issues» unless they cooperate among themselves. International law may once have been a sort of inter-state law concerned mostly with relations between states, but it now looks increasingly inside state borders and has become, to a large degree, a trans-governmental law. While this creates significant challenges even for highly-unified «nation-states», the challenges are even greater for federations in which powers have been divided up between the central government and federated states. What roles should central governments and federated states play in creating and implementing this new form of governance? Using the Canadian federation as its starting point, this case study illustrates a range of factors to be considered in the appropriate distribution of treaty powers within a federation. Professor Cyr also shows how - because it has no specific provisions dealing with the distribution of treaty powers - the Canadian constitution has «organically» developed a tight-knit set of rules and principles responding to these distributional factors. This book is therefore both about the role of federated states in the current world order and an illustration of how organic constitutionalism works.

Author : David E. Smith
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2010
Category : Political Science
ISBN : 1442611510

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Federalism and the Constitution of Canada by David E. Smith Pdf

The Canadian system of federalism divides the power to govern between the central federal parliament and the provincial and territorial legislative assemblies. In what can be seen as a double federation, power is also divided culturally, between English and French Canada. The divisions of power and responsibility, however, have not remained static since 1867. The federal language regime (1969), for example, reconfigured cultural federalism, generating constitutional tension as governments sought to make institutions more representative of the country's diversity. In Federalism and the Constitution of Canada, award-winning author David E. Smith examines a series of royal commission and task force inquiries, a succession of federal-provincial conferences, and the competing and controversial terms of the Constitution Act of 1982 in order to evaluate both the popular and governmental understanding of federalism. In the process, Smith uncovers the reasons constitutional agreement has historically proved difficult to reach and argues that Canadian federalism 'in practice' has been more successful at accommodating foundational change than may be immediately apparent.

Author : Peter Crawford Oliver,Patrick Macklem,Nathalie Des Rosiers
Publisher : Oxford University Press
Page : 1169 pages
File Size : 40,8 Mb
Release : 2017
Category : Law
ISBN : 9780190664817

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The Oxford Handbook of the Canadian Constitution by Peter Crawford Oliver,Patrick Macklem,Nathalie Des Rosiers Pdf

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Author : Edward McWhinney,Jerald Zaslove,Werner Wolf
Publisher : Springer
Page : 212 pages
File Size : 46,5 Mb
Release : 1992-11-12
Category : Law
ISBN : UOM:39015029289462

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Federalism in the Making:Contemporary Canadian and German Constitutionalism, National and Transnational by Edward McWhinney,Jerald Zaslove,Werner Wolf Pdf

The long-continuing constitutional debate within Canada has brought a search today for new constitutional-govermental models of paradigms capable of taking us all safely into the 21st century. For students of contemporary constitutionalism, no country's experience has been more seriously studied than that of the West German federal state formed out of the three Western zones of Germany in 1949 and endowed with what was then described as a temporary governmental charter, pending final reunification of Germany.

Author : Patrick Monahan
Publisher : Thomson Carswell
Page : 284 pages
File Size : 53,6 Mb
Release : 1987
Category : Canada
ISBN : UOM:39076001315923

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Politics and the Constitution by Patrick Monahan Pdf

Author : Keith G. Banting,Richard Simeon
Publisher : Taylor & Francis
Page : 376 pages
File Size : 48,9 Mb
Release : 1983
Category : Law
ISBN : 0458959502

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And No One Cheered by Keith G. Banting,Richard Simeon Pdf

Author : Francesco Palermo,Karl Kössler
Publisher : Bloomsbury Publishing
Page : 504 pages
File Size : 42,6 Mb
Release : 2017-10-05
Category : Law
ISBN : 9781509901500

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Comparative Federalism by Francesco Palermo,Karl Kössler Pdf

This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book's two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. "This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume.†? Professor G Alan Tarr, Rutgers University "Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries.†? Professor Balveer Arora, Jawaharlal Nehru University New Delhi "This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field.†? Professor Cheryl Saunders, The University of Melbourne "This is a remarkable book – for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kössler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges.†? Professor Nico Steytler, University of the Western Cape

Author : Robert C. Vipond
Publisher : State University of New York Press
Page : 264 pages
File Size : 53,5 Mb
Release : 1991-01-22
Category : Political Science
ISBN : 9781438422978

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Liberty and Community by Robert C. Vipond Pdf

This book examines the competing visions of liberty and community in Canada. Focusing attention on constitutional debate in Ontario after the Confederation of 1867, the author shows how the defenders of provincial autonomy constructed a powerful political and legal ideology that attempted to reconcile liberty and community.

Author : Daniel Halberstam,Mathias Reimann
Publisher : Springer Science & Business Media
Page : 554 pages
File Size : 52,9 Mb
Release : 2013-11-21
Category : Law
ISBN : 9789400773981

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Federalism and Legal Unification by Daniel Halberstam,Mathias Reimann Pdf

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 : David E. Smith
Publisher : University of Toronto Press
Page : 334 pages
File Size : 40,7 Mb
Release : 2010-10-30
Category : Political Science
ISBN : 9781442694576

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Federalism and the Constitution of Canada by David E. Smith Pdf

The Canadian system of federalism divides the power to govern between the central federal parliament and the provincial and territorial legislative assemblies. In what can be seen as a double federation, power is also divided culturally, between English and French Canada. The divisions of power and responsibility, however, have not remained static since 1867. The federal language regime (1969), for example, reconfigured cultural federalism, generating constitutional tension as governments sought to make institutions more representative of the country's diversity. In Federalism and the Constitution of Canada, award-winning author David E. Smith examines a series of royal commission and task force inquiries, a succession of federal-provincial conferences, and the competing and controversial terms of the Constitution Act of 1982 in order to evaluate both the popular and governmental understanding of federalism. In the process, Smith uncovers the reasons constitutional agreement has historically proved difficult to reach and argues that Canadian federalism 'in practice' has been more successful at accommodating foundational change than may be immediately apparent.

Author : Alan Cairns
Publisher : McGill-Queen's Press - MQUP
Page : 166 pages
File Size : 54,8 Mb
Release : 1992
Category : Law
ISBN : 0773508929

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Charter Versus Federalism by Alan Cairns Pdf

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 res

Author : John T. Saywell
Publisher : University of Toronto Press
Page : 486 pages
File Size : 42,6 Mb
Release : 2002-01-01
Category : History
ISBN : 080208656X

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The Lawmakers by John T. Saywell Pdf

Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.

Author : William Paul McClure Kennedy
Publisher : Unknown
Page : 36 pages
File Size : 45,7 Mb
Release : 1921
Category : Canada
ISBN : STANFORD:36105047485920

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The Nature of Canadian Federalism by William Paul McClure Kennedy Pdf

Author : Michael Burgess,George Alan Tarr
Publisher : McGill-Queen's Press - MQUP
Page : 353 pages
File Size : 53,5 Mb
Release : 2012
Category : Law
ISBN : 9780773539549

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

How sub-national constitutions influence constitutional change and adaptation in federations.