Federalism And Legal Unification

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Federalism and Legal Unification

Daniel Halberstam,Mathias Reimann
Federalism and Legal Unification Book PDF

Author : Daniel Halberstam,Mathias Reimann
Publisher : Springer Science & Business Media
Page : 559 pages
File Size : 41,9 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

Recasting German Federalism

Charlie Jeffrey
Recasting German Federalism Book PDF

Author : Charlie Jeffrey
Publisher : A&C Black
Page : 406 pages
File Size : 46,9 Mb
Release : 1999-01-01
Category : Political Science
ISBN : 1855675803

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Recasting German Federalism by Charlie Jeffrey Pdf

Understanding Germany's federal structure is crucial to understanding contemporary Germany. The federal system shaped the way German unification was carried out, it shapes the way in which policies are made, and it plays a role in determining the way in which Germany presents its priorities in the EU. The first part of the book analyzes the nature of pre-unification West German federalism and the unique challenge posed for the federal system by unification. Part 2 takes stock of key issues in the operation of post-unification federalism, including the policy process, the role of parties in federalism, conflicts of interest over financial allocations, and the impact of deepening European integration. The final part offers a series of critical perspectives which address the long-term legacies of unification and increasing pressures for reform.

Federalism, Unification and European Integration

Charlie Jeffery,Roland Sturm
Federalism Unification and European Integration Book PDF

Author : Charlie Jeffery,Roland Sturm
Publisher : Routledge
Page : 204 pages
File Size : 51,7 Mb
Release : 2014-01-14
Category : Political Science
ISBN : 9781135234577

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Federalism, Unification and European Integration by Charlie Jeffery,Roland Sturm Pdf

This is an assessment of how an established, federal constitutional framework can adapt to meet the challenge posed by the achievement of German unity and the deepening of european Unity.

Structuring the State

Daniel Ziblatt
Structuring the State Book PDF

Author : Daniel Ziblatt
Publisher : Princeton University Press
Page : 235 pages
File Size : 50,5 Mb
Release : 2008-01-21
Category : Political Science
ISBN : 9781400827244

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Structuring the State by Daniel Ziblatt Pdf

Germany's and Italy's belated national unifications continue to loom large in contemporary debates. Often regarded as Europe's paradigmatic instances of failed modernization, the two countries form the basis of many of our most prized theories of social science. Structuring the State undertakes one of the first systematic comparisons of the two cases, putting the origins of these nation-states and the nature of European political development in new light. Daniel Ziblatt begins his analysis with a striking puzzle: Upon national unification, why was Germany formed as a federal nation-state and Italy as a unitary nation-state? He traces the diplomatic maneuverings and high political drama of national unification in nineteenth-century Germany and Italy to refute the widely accepted notion that the two states' structure stemmed exclusively from Machiavellian farsightedness on the part of militarily powerful political leaders. Instead, he demonstrates that Germany's and Italy's "founding fathers" were constrained by two very different pre-unification patterns of institutional development. In Germany, a legacy of well-developed sub-national institutions provided the key building blocks of federalism. In Italy, these institutions' absence doomed federalism. This crucial difference in the organization of local power still shapes debates about federalism in Italy and Germany today. By exposing the source of this enduring contrast, Structuring the State offers a broader theory of federalism's origins that will interest scholars and students of comparative politics, state-building, international relations, and European political history.

The Lander and German Federalism

Arthur Gunlicks
The Lander and German Federalism Book PDF

Author : Arthur Gunlicks
Publisher : Manchester University Press
Page : 426 pages
File Size : 52,5 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.

A Research Agenda for Federalism Studies

John Kincaid
A Research Agenda for Federalism Studies Book PDF

Author : John Kincaid
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 41,6 Mb
Release : 2019-12-27
Category : Political Science
ISBN : 9781788112970

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A Research Agenda for Federalism Studies by John Kincaid Pdf

In this forward-thinking book, fifteen leading scholars set forth cutting-edge agendas for research on significant facets of federalism, including basic theory, comparative studies, national and subnational constitutionalism, courts, self-rule and shared rule, centralization and decentralization, nationalism and diversity, conflict resolution, gender equity, and federalism challenges in Africa, Asia, and the European Union. More than 40 percent of the world’s population lives under federal arrangements, making federalism not only a major research subject but also a vital political issue worldwide.

The Foundations of European Private Law

Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill
The Foundations of European Private Law Book PDF

Author : Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 648 pages
File Size : 52,9 Mb
Release : 2011-09-19
Category : Law
ISBN : 9781847318336

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The Foundations of European Private Law by Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill Pdf

There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

International Research in Social, Human and Administrative Sciences XVII

Arzu Karaca
International Research in Social Human and Administrative Sciences XVII Book PDF

Author : Arzu Karaca
Publisher : EĞİTİM YAYINEVİ
Page : 354 pages
File Size : 47,9 Mb
Release : 2024-02-03
Category : Business & Economics
ISBN : 9786256489813

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International Research in Social, Human and Administrative Sciences XVII by Arzu Karaca Pdf

Social sciences and social scientists have very important contributions in the development of societies. To attach great importance to working together on the common denominator of the disciplines, as the social phenomenon that concerns the society is in the field of sciences. Under the umbrella of social sciences; There are various academic disciplines such as economics, international relations, geography, history, law, philosophy, educational sciences, psychology, theology, hotel, linguistics, archeology, political science, musicology, business administration, tourism. The field of social, human and administrative sciences has the feature of presenting a registered feast to readers, academics and students who are interested in the field, with rich opportunities in terms of interdisciplinary studies. This study presents its current trajectory in social sciences. In this context, articles on important discussion topics of social sciences are included. This book, which takes place in groups in different disciplines in the field of social sciences, includes 19 studies in the fields of political science and public administration, international relations, business, marketing, healthcare management, fine arts, economics and archeology. This work, which will be read with interest by anyone who is interested in the field of Social Sciences, once again clearly reveals the social and human sciences by constantly developing.

Europe's Second Constitution

Markus W. Gehring
Europe s Second Constitution Book PDF

Author : Markus W. Gehring
Publisher : Cambridge University Press
Page : 439 pages
File Size : 51,5 Mb
Release : 2020-09-24
Category : Law
ISBN : 9781108487962

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Europe's Second Constitution by Markus W. Gehring Pdf

European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.

The Past, Present and Future of Comparative Law - Le passé, le présent et le futur du droit comparé

Katharina Boele-Woelki,Diego P. Fernàndez Arroyo
The Past Present and Future of Comparative Law Le pass le pr sent et le futur du droit compar Book PDF

Author : Katharina Boele-Woelki,Diego P. Fernàndez Arroyo
Publisher : Springer
Page : 125 pages
File Size : 40,5 Mb
Release : 2018-07-16
Category : Law
ISBN : 9783319937700

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The Past, Present and Future of Comparative Law - Le passé, le présent et le futur du droit comparé by Katharina Boele-Woelki,Diego P. Fernàndez Arroyo Pdf

This book is published by the International Academy of Comparative Law to honor five great comparatists: Jean-Louis Baudouin from Canada, Xavier Blanc-Jouvan from France, Mary Ann Glendon from the United States of America, Hein Kötz from Germany, and Rodolfo Sacco from Italy. The five great minds present their thoughts on the past, the present and future of comparative law and in doing so they particularly focus on the future of the International Academy of Comparative Law, comparative law methodology and the teaching of comparative law. The book is essential reading for researchers and academics wanting to know what these respected legal scholars have contributed to comparative law, how they differ and when and why they excelled. Moreover, the views presented suggest how the role of the Academy can be developed in order to deal with the current challenges of comparative law. Ce livre est publié par l'Académie internationale de droit comparé en l'honneur de cinq grands comparatistes : Jean-Louis Baudouin du Canada, Xavier Blanc-Jouvan de France, Mary Ann Glendon des États-Unis, Hein Kötz d'Allemagne et Rodolfo Sacco d'Italie. Ces cinq grands esprits offrent leurs réflexions sur le passé, le présent et le futur du droit comparé et, ce faisant, se concentrent particulièrement sur l'avenir de l'Académie internationale de droit comparé, la méthodologie ainsi que l'enseignement du droit comparé. Ce livre est une lecture essentielle pour les chercheurs et les universitaires qui s’intéressent aux contributions au droit comparé de ces juristes respectés, la manière dont ils diffèrent et quand et pourquoi ils ont excellé. De plus, les points de vue présentés suggèrent comment le rôle de l'Académie peut être développé pour faire face aux défis actuels du droit comparé.

Comparative Constitutional Law in Asia

Rosalind Dixon,Tim Ginsburg
Comparative Constitutional Law in Asia Book PDF

Author : Rosalind Dixon,Tim Ginsburg
Publisher : Edward Elgar Publishing
Page : 365 pages
File Size : 54,6 Mb
Release : 2014-02-28
Category : Law
ISBN : 9781781002704

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Comparative Constitutional Law in Asia by Rosalind Dixon,Tim Ginsburg Pdf

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i

Courts in Federal Countries

Nicholas Theodore Aroney,John Kincaid
Courts in Federal Countries Book PDF

Author : Nicholas Theodore Aroney,John Kincaid
Publisher : University of Toronto Press
Page : 600 pages
File Size : 42,9 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.

Europe's Hidden Federalism

Bojan Kovacevic
Europe s Hidden Federalism Book PDF

Author : Bojan Kovacevic
Publisher : Routledge
Page : 230 pages
File Size : 51,9 Mb
Release : 2017-05-18
Category : Political Science
ISBN : 9781317138990

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Europe's Hidden Federalism by Bojan Kovacevic Pdf

The hidden federal features of the European Union help explain the challenges of legitimacy, democracy and freedom that face an unfinished political community. Ideas about federalism and the reality of existing federal states cannot be sharply divided in an analysis of the EU’s multilevel political order, but so far, both scholars and major decision makers have shown interest only in the normal functioning of federal systems: ignoring the dilemma of the federation’s legitimate authority has resulted in an existential crisis for the EU which has become ever more manifest over recent years. This book employs a combination of political philosophy and political science, of federal philosophic ideas and their traces in real federal institutions, in order to achieve the task of understanding the federal features of the EU governance system. The first part of the work focuses on building an appropriate theoretical framework to explain the new meanings attached to familiar notions of democracy, legitimacy and citizenship in the context of a political community like the EU. In the second part the federal features of the EU’s political system are examined in comparison to other current and historical federal perspectives like the US, Switzerland, Yugoslavia and Germany. Through an analysis of the hidden federal aspects of the EU and the links between hidden federalism and the EU’s legitimacy crisis, this book reveals the patterns that should be avoided and gives us guidelines that should be followed if the EU is to become democratic and politically united without jeopardising the state character of its members.

Finance, Law, and the Courts

Marco Lamandini,David Ramos Muñozz
Finance Law and the Courts Book PDF

Author : Marco Lamandini,David Ramos Muñozz
Publisher : Oxford University Press
Page : 593 pages
File Size : 41,9 Mb
Release : 2024-02-08
Category : Law
ISBN : 9780192898692

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Finance, Law, and the Courts by Marco Lamandini,David Ramos Muñozz Pdf

Finance, Law, and the Courts offers a comprehensive legal treatment of finance's regulatory sources and complex problems. Drawing from European and US case law, the book demonstrates that law and the courts provide finance with the certainty it needs to operate and the elasticity it needs to evolve.

The Principles of BRICS Contract Law

Salvatore Mancuso,Mauro Bussani
The Principles of BRICS Contract Law Book PDF

Author : Salvatore Mancuso,Mauro Bussani
Publisher : Springer Nature
Page : 444 pages
File Size : 43,9 Mb
Release : 2022-08-09
Category : Law
ISBN : 9783031008443

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The Principles of BRICS Contract Law by Salvatore Mancuso,Mauro Bussani Pdf

This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.