The Global Promise of Federalism
The Global Promise of Federalism

Author: Grace Skogstad

Publisher: University of Toronto Press

Published: 2013-12-31

Total Pages: 321

ISBN-13: 1442619201

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The Global Promise of Federalism honours the life and work of Richard Simeon, one of Canada’s foremost experts on federalism. It features a group of distinguished scholars of federalism from Canada and abroad who take up some of the fundamental questions at the heart of both Simeon’s work and contemporary debates. Does federalism foster democracy? Can it help bring together divided societies? How do federations evolve and adapt to changing circumstances? In the course of answering these questions, the chapters in this collection offer a comparative perspective on the challenges and opportunities facing well-established federations such as Canada and Australia, as well as new federal and quasi-federal systems in Europe, Africa, and Asia. They examine the interplay between federal values, such as trust and mutual recognition, and institutional design; the challenges facing post-conflict federations; and the adaptability of federal systems in the face of changing social, economic, and cultural contexts.

Hamilton's Paradox
Hamilton's Paradox

Author: Jonathan Rodden

Publisher: Cambridge University Press

Published: 2006

Total Pages: 335

ISBN-13: 0521842697

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As new federations take shape and old ones are revived around the world, a difficult challenge is to create incentives for fiscal discipline. By combining theory, quantitative analysis, and historical and contemporary case studies, this book lays out the first systematic explanation of why decentralized countries have had dramatically different fiscal experiences. It provides insights into current policy debates from Latin America to the European Union, and a new perspective on a tension between the promise and peril of federalism that has characterized the literature since The Federalist Papers.

Enhancing Government
Enhancing Government

Author: Erwin Chemerinsky

Publisher: Stanford University Press

Published: 2008-05-22

Total Pages: 312

ISBN-13: 0804763135

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Federalism—the division of power between national and state governments—has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection. The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.

The Divided States of America
The Divided States of America

Author: Donald F. Kettl

Publisher: Princeton University Press

Published: 2022-03-15

Total Pages: 248

ISBN-13: 0691234175

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"As James Madison led America's effort to write its Constitution, he made two great inventions-the separation of powers and federalism. The first is more famous, but the second was most essential because, without federalism, there could have been no United States of America. Federalism has always been about setting the balance of power between the federal government and the states-and that's revolved around deciding just how much inequality the country was prepared to accept in exchange for making piece among often-warring states. Through the course of its history, the country has moved through a series of phases, some of which put more power into the hands of the federal government, and some rested more power in the states. Sometimes this rebalancing led to armed conflict. The Civil War, of course, almost split the nation permanently apart. And sometimes it led to political battles. By the end of the 1960s, however, the country seemed to have settled into a quiet agreement that inequality was a prime national concern, that the federal government had the responsibility for addressing it through its own policies, and that the states would serve as administrative agents of that policy. But as that agreement seemed set, federalism drifted from national debate, just as the states began using their administrative role to push in very different directions. The result has been a rising tide of inequality, with the great invention that helped create the nation increasingly driving it apart"--

Canadian Federalism
Canadian Federalism

Author: Herman Bakvis

Publisher: University of Toronto Press

Published: 2020-07-15

Total Pages: 516

ISBN-13: 1487570430

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This is Canada's only up-to-date collection of essays on issues in Canadian federalism, covering the Harper and Trudeau eras, as well as federal-provincial debates over healthcare, climate change, trade, and more.

The Judicial Role in a Diverse Federation
The Judicial Role in a Diverse Federation

Author: Robert Schertzer

Publisher: University of Toronto Press

Published: 2016-05-09

Total Pages: 349

ISBN-13: 1487510632

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In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states. Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation. This book will be required reading both for those interested in Canada’s Supreme Court and for those engaged in broader debates about the use of federalism in multinational states.

Contemporary Federalist Thought in Quebec
Contemporary Federalist Thought in Quebec

Author: Antoine Brousseau Desaulniers

Publisher: McGill-Queen's Press - MQUP

Published: 2023-06-15

Total Pages: 299

ISBN-13: 0228017920

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Quebec’s most recent attempts to assert its distinctiveness within Canada have relied on unilateral constitutional means to strengthen its French and secular character, suggesting that an important change of political culture has taken place in Quebec. With its diverse team of researchers, Contemporary Federalist Thought in Quebec considers the recent history of the debate that once threatened Canada with disjunction, exploring the federalist thought that continues to shape constitutional debate in Quebec. Examining historical perspectives from 1950 to the present day, the volume draws portraits of the key actors in the federalist movement – including political leaders, intellectuals, academics, activists, and spokespersons for pressure groups – comparing their various outlooks, interventions, and values, and examining the ties that bind these actors to the sense of nationalism that emerged during Quebec’s Quiet Revolution. Taking a multidisciplinary approach, Contemporary Federalist Thought in Quebec casts new light on the continuing debate surrounding Quebec’s place in Canada and gives nuance to what is traditionally conceived as a rigid opposition between sovereigntists and federalists in the province.

Federalism in Canada
Federalism in Canada

Author: Thomas O. Hueglin

Publisher: University of Toronto Press

Published: 2021-04-07

Total Pages: 319

ISBN-13: 1442636483

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Federalism in Canada tells the turbulent story of shared sovereignty and divided governance from Confederation to the present time with three main objectives in mind. The first objective is to convince readers that federalism is the primary animating force in Canadian politics, and that it is therefore worth engaging with its complex nature and dynamic. The second objective is to bring into closer focus the contested concepts about the meaning and operation of federalism that are at the root of the divide between English Canada and Quebec in particular. The third objective is to give recognition to the trajectory of Canada’s Indigenous peoples in the context of Canadian federalism, from years of abusive neglect to belated efforts of inclusion. The book focuses on the constitution with its ambiguous allocation of divided powers, the pivotal role of the courts in balancing these powers, and the political leaders whose interactions oscillate between intergovernmental conflict and cooperation. This focus on executive leadership and judicial supervision is framed by considerations of Canada’s regionalized political economy and cultural diversity, giving students a compelling and nuanced view of federalism in Canada.

The Oxford Handbook of Global Policy and Transnational Administration
The Oxford Handbook of Global Policy and Transnational Administration

Author: Diane Stone

Publisher: Oxford University Press

Published: 2019-01-10

Total Pages: 817

ISBN-13: 0191076341

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Global policy making is unfurling in distinctive ways above traditional nation-state policy processes. New practices of transnational administration are emerging inside international organizations but also alongside the trans-governmental networks of regulators and inside global public private partnerships. Mainstream policy and public administration studies have tended to analyse the capacity of public sector hierarchies to globalize national policies. By contrast, this Handbook investigates new public spaces of transnational policy-making, the design and delivery of global public goods and services, and the interdependent roles of transnational administrators who move between business bodies, government agencies, international organizations, and professional associations. This Handbook is novel in taking the concepts and theories of public administration and policy studies to get inside the black box of global governance. Transnational administration is a multi-actor and multi-scalar endeavour having manifestations, depending on the policy issue or problems, at the local, urban, sub-regional, sub-national, regional, national, supranational, supra-regional, transnational, international, and global scales. These scales of 'local' and 'global' are not neatly bounded and nested spaces but are articulated together in complex patterns of policy activity. These transnational patterns represent a reinvigoration of public administration and policy studies as the Handbook authors advance their analysis beyond the methodological nationalism of the nation-state.

The Federal Contract
The Federal Contract

Author: Stephen Tierney

Publisher: Oxford University Press

Published: 2022-05-26

Total Pages: 353

ISBN-13: 0192529560

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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.