The Theory of Federalism Revisited

The Theory of Federalism Revisited

Author: Christian Krauß

Publisher: GRIN Verlag

Published: 2011-11

Total Pages: 25

ISBN-13: 3656068283

DOWNLOAD EBOOK

Research Paper (undergraduate) from the year 2005 in the subject Business economics - Economic Policy, grade: 1,7, Friedrich-Alexander University Erlangen-Nuremberg (Finanzwissenschaften), course: The reform of federalism, 30 entries in the bibliography, language: English, abstract: The term federalism derives from the Latin word "foedus" and is rendered in the words "alliance" and "treaty" or "agreement". Federalism describes a national form of organization consisting of at least two members, who are joined together by means of a voluntary agreement or treaty into a unitary state having its own national characteristics,1 but without discarding the distinctive national attributes. Through this coalition the individual / federal states surrender their jurisdiction and individual powers to the unitary state. In return, the federal system makes sure that the unitary state and the individual states control and assist each other mutually when fulfilling their obligations.2 Federalism is especially characterized in that assignments, revenues and expenses are distributed on several national levels.3 Furthermore, federalism must safeguard a certain unit from a (foreign) political, economic, military and socially cultural point of view.4 Basically, federalism implements an equilibrium between decentralization and centralization.5 Aided by expenses and the division of assignments, revenues and expenditure, an optimal allocation is put from theory into practice.6 In Germany, the 16 federal states (Länder) make up the federal state, the German Federal Republic. Powers to and responsibility for national assignments in the government and governmental management, legislation and the administration of justice is divided between the federal state and the individual states. The German constitution ensures that in addition to this vertical division between the federal and the individual states' authorities, a horizontal division of powers exists between the legislative, executive and


The theory of federalism revisited: Comments on the preliminary results of the Bundestag and Bundesrat committee on modernising the federal system

The theory of federalism revisited: Comments on the preliminary results of the Bundestag and Bundesrat committee on modernising the federal system

Author: Christian Krauß

Publisher: GRIN Verlag

Published: 2006-08-15

Total Pages: 24

ISBN-13: 3638534588

DOWNLOAD EBOOK

Research Paper (undergraduate) from the year 2005 in the subject Business economics - Economic Policy, grade: 1,7, Friedrich-Alexander University Erlangen-Nuremberg (Finanzwissenschaften), course: The reform of federalism, language: English, abstract: The term federalism derives from the Latin word “foedus” and is rendered in the words “alliance” and “treaty” or “agreement”. Federalism describes a national form of organization consisting of at least two members, who are joined together by means of a voluntary agreement or treaty into a unitary state having its own national characteristics,1 but without discarding the distinctive national attributes. Through this coalition the individual / federal states surrender their jurisdiction and individual powers to the unitary state. In return, the federal system makes sure that the unitary state and the individual states control and assist each other mutually when fulfilling their obligations.2 Federalism is especially characterized in that assignments, revenues and expenses are distributed on several national levels.3 Furthermore, federalism must safeguard a certain unit from a (foreign) political, economic, military and socially cultural point of view.4 Basically, federalism implements an equilibrium between decentralization and centralization.5 Aided by expenses and the division of assignments, revenues and expenditure, an optimal allocation is put from theory into practice.6 In Germany, the 16 federal states (Länder) make up the federal state, the German Federal Republic. Powers to and responsibility for national assignments in the government and governmental management, legislation and the administration of justice is divided between the federal state and the individual states. The German constitution ensures that in addition to this vertical division between the federal and the individual states’ authorities, a horizontal division of powers exists between the legislative, executive and judicial branch, thereby forming the basis of a double division of powers.7 Current discussions concerning the German federal reform, more precisely defined the so-called “Kommission von Bundestag und Bundesrat zurModernisierung der bundesstaatlichen Ordnung”8 are mainly centred on the reorganization of the assignments of the federal and the individual states. In the course of these discussions special attention is paid to the reorganization within the areas of powers and responsibility of both levels, especially regarding education, representation of EU-countries, a readjustment of the extent of the laws, which the federal state is obliged to approve, and the equalization of tax rates between the federal states.


Dynamic Federalism

Dynamic Federalism

Author: Patricia Popelier

Publisher: Routledge

Published: 2021-03-09

Total Pages: 303

ISBN-13: 1000359220

DOWNLOAD EBOOK

This book offers a new theory of federalism. The work critically discusses traditional federal theories and builds on theories that focus on the dynamics of federalism. It offers a definition of federalism and federal organizations that encompasses both new and old types of multi-tiered system. Unlike traditional federal theory, it is well-suited to research both multinational and mononational systems. It also takes into account the complexity of these systems, with bodies of governance at the local, regional, national, and supranational level. The book is divided into three parts: the first part outlines the contours of dynamic federalism, based on a critical overview of traditional federal theory; the second part develops comprehensive indexes to measure autonomy and cohesion of multi-tiered systems; and the third part focuses on the dynamics of federal organizations, with a special focus on institutional hubs for change. Dynamic Federalism will be an essential resource for legal, social, economic, and political scholars interested in federalism, regionalism, and de/centralization.


Order from Transfer

Order from Transfer

Author: Günter Frankenberg

Publisher: Edward Elgar Publishing

Published: 2013-01-01

Total Pages: 383

ISBN-13: 1781952116

DOWNLOAD EBOOK

ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.


Canadian Federalism and Its Future

Canadian Federalism and Its Future

Author: Alain-G. Gagnon

Publisher: McGill-Queen's Press - MQUP

Published: 2020-09-23

Total Pages:

ISBN-13: 0228002516

DOWNLOAD EBOOK

The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.


Revisiting Unity and Diversity in Federal Countries

Revisiting Unity and Diversity in Federal Countries

Author: Alain-G. Gagnon

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9789004367173

DOWNLOAD EBOOK

The principal aim of this book is to revisit the basic theme of "unity and diversity" that remains at the heart of research into federalism and federation. It is time to take another look at its contemporary relevance to ascertain how far the bifocal relationship between unity and diversity has evolved over the years and has been translated into changing conceptual lenses, practical reform proposals and in some cases new institutional practices. This book is structured around four main parts: (1) the evolving conception of diversity over time and across continents; (2) the interplay between unity and diversity in complex settings; (3) federalism as decision-making and new institutional practices that have been put forward and tested; and (4) constitutional design and asymmetrical federalism as a way to respond to legitimate and insisting claims and political demands.


Designing Federalism

Designing Federalism

Author: Mikhail Filippov

Publisher: Cambridge University Press

Published: 2004-02-09

Total Pages: 400

ISBN-13: 9780521016483

DOWNLOAD EBOOK

Table of contents


The Sleeping Sovereign

The Sleeping Sovereign

Author: Richard Tuck

Publisher: Cambridge University Press

Published: 2016-02-15

Total Pages: 300

ISBN-13: 1316425509

DOWNLOAD EBOOK

Richard Tuck traces the history of the distinction between sovereignty and government and its relevance to the development of democratic thought. Tuck shows that this was a central issue in the political debates of the seventeenth and eighteenth centuries, and provides a new interpretation of the political thought of Bodin, Hobbes and Rousseau. Integrating legal theory and the history of political thought, he also provides one of the first modern histories of the constitutional referendum, and shows the importance of the United States in the history of the referendum. The book derives from the John Robert Seeley Lectures delivered by Richard Tuck at the University of Cambridge in 2012, and will appeal to students and scholars of the history of ideas, political theory and political philosophy.


Public Finances

Public Finances

Author: Universities-National Bureau Committee for Economic Research

Publisher:

Published: 1965

Total Pages: 536

ISBN-13:

DOWNLOAD EBOOK