Courts and Federalism

Courts and Federalism

Author: Gerald Baier

Publisher: University of British Columbia Press

Published: 2006

Total Pages: 207

ISBN-13: 9780774812368

DOWNLOAD EBOOK

Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine's formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government. Courts and Federalism will appeal to readers interested in the comparative study of law and government as well as the interaction of law and federalism in contemporary society.


Courts in Federal Countries

Courts in Federal Countries

Author: Nicholas Theodore Aroney

Publisher: University of Toronto Press

Published: 2017-04-24

Total Pages: 600

ISBN-13: 1487511485

DOWNLOAD EBOOK

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.


Federalism

Federalism

Author: Cheryl Saunders

Publisher: HSRC Press

Published: 1997

Total Pages: 84

ISBN-13: 9780796916990

DOWNLOAD EBOOK

Federalism: The Australian Experience offers readers a first-hand insight into one of the oldest federations in the world by an Australian expert, Prof Cheryl Saunders. The Australian Constitution is approaching its centenary and it is expected that students of political science, constitutional law, fiscal federalism and practitioners will in the years to come show a growing interest in how the constitution and practice are adapting to the demands of the 21st century. From a South African point of view, studies on Australian federalism have been somewhat neglected over the years. This is unfortunate and we hope that this publication will generate more interest in the subject. Some of the issues that could be of interest to South African researchers are for instance the treatment of indigenous people and efforts to accommodate their demands for land; the operation of the Commonwealth Grants Commission and its impact on policy, and the functioning of intergovernmental relations between the federal and state governments and also between state and local governments and between state governments themselves.


The Future of Australian Federalism

The Future of Australian Federalism

Author: Gabrielle Appleby

Publisher: Cambridge University Press

Published: 2012-03-08

Total Pages: 505

ISBN-13: 1107006376

DOWNLOAD EBOOK

This volume explains and evaluates Australia's federal system and the options for reform from various comparative and disciplinary perspectives.


Australian Public Law

Australian Public Law

Author: Gabrielle Appleby

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 0

ISBN-13: 9780195525656

DOWNLOAD EBOOK

Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.


International Law and Australian Federalism

International Law and Australian Federalism

Author: Brian R. Opeskin

Publisher:

Published: 1997

Total Pages: 414

ISBN-13:

DOWNLOAD EBOOK

International law-making has been expanding enormously. More than 50,000 treaties have been concluded since the United Nations began, and Australia is now a party to over 900 conventions and treaties. International law affects our understanding of human rights, criminal law, the environment, international trade, intellectual property and industrial relations. Over the past forty years many nations have recognised their growing interdependence, as international law has become more involved in their structures and workings. The old focus upon external relations between nations has broadened to include events within nations. International bodies, such as the UN Human Rights Committee, now scrutinise the conformity of Australian law with international norms. Australian courts have consequently given greater recognition to international law, even in cases where Australia has not yet implemented the relevant treaty in domestic law. Federal Parliament is now able to use international treaties as a basis for domestic law, and this has dramatically affected the traditional division of legislative authority between state and federal spaces. "International Law and Australian Federalism" is a collection of essays by prominent Australian academics, government lawyers and judges in the fields of international and constitutional law. It explores issues fundamental to the development of Australia's legal system. These issues must also concern policy makers in the political sphere, as we move towards a greater globalisation and closer international relations.


Comparative Federalism

Comparative Federalism

Author: Victor S. MacKinnon

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 212

ISBN-13: 9401189102

DOWNLOAD EBOOK

Modem societies, - like organized societies of all eras, - suffer from antithetical aspirations, from competing institutionalizations of that which is desirable, and that which, though unwelcome, is inevitable. Men clearly see the advantages of localism, of the self determination of small peoples, of l' amour du chocher uninhibited by imperial sovereign ty. At the same time men everywhere are seeing the clear necessity of bigness in organization of national effort. When the question is military organization no one has much doubt that strength derives from power ful union. The Swiss, to be sure, have continued independent not because of their power, but because of the convenience of their in dependent existence. In a world-society of titans, there must be members who are small, respected, independent and unfeared, available to be intermediaries. If Switzerland did not exist, it would have been necessary to invent her. But the power centers are those with the big battalions and the megatons of bombs; both demand great aggregates. Tomorrow's military power structure is calculated in the hundreds of millions of people. The world will afford only a few Switzerlands. The drive toward bigness is as inevitable in the economic world as in that of destructive machines. Economic problems in the next century, and in the next after it, will require the concentrated re sources of the nations; we must produce adequate food for the billions, or else billions will war against billions.