Courts in Federal Countries

Federalists or Unitarists?

Author: Nicholas Aroney,John Kincaid

Publisher: University of Toronto Press

ISBN: 1487500629

Category: Law

Page: 583

View: 6413

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.

Courts in Federal Countries

Federalists or Unitarists?

Author: Nicholas Theodore Aroney,John Kincaid

Publisher: University of Toronto Press

ISBN: 1487511485

Category: Law

Page: 600

View: 2874

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 and Education

Ongoing Challenges and Policy Strategies in Ten Countries

Author: Kenneth K. Wong,Felix Knüpling,Mario Kölling

Publisher: IAP

ISBN: 1641131748

Category: Education

Page: 263

View: 9697

Federalism has played a central role in charting educational progress in many countries. With an evolving balance between centralization and decentralization, federalism is designed to promote accountability standards without tempering regional and local preferences. Federalism facilitates negotiations both vertically between the central authority and local entities as well as horizontally among diverse interests. Innovative educational practices are often validated by a few local entities prior to scaling up to the national level. Because of the division of revenue sources between central authority and decentralized entities, federalism encourages a certain degree of fiscal competition at the local and regional level. The balance of centralization and decentralization also varies across institutional and policy domains, such as the legislative framework for education, drafting of curricula, benchmarking for accountability, accreditation, teacher training, and administrative responsibilities at the primary, secondary, and tertiary levels. Given these critical issues in federalism and education, this volume examines ongoing challenges and policy strategies in ten countries, namely Australia, Austria, Belgium, Canada, Germany, Italy, Spain, Switzerland, United Kingdom, and the United States. These chapters and the introductory overview aim to examine how countries with federal systems of government design, govern, finance, and assure quality in their educational systems spanning from early childhood to secondary school graduation. Particular attention is given to functional division between governmental layers of the federal system as well as mechanisms of intergovernmental cooperation both vertically and horizontally. The chapters aim to draw out comparative lessons and experiences in an area of great importance to not only federal countries but also countries that are emerging toward a federal system.

Comparative Federalism

Theory and Practice

Author: Michael Burgess

Publisher: Routledge

ISBN: 1134219482

Category: Political Science

Page: 376

View: 786

A new examination of contemporary federalism and federation, which delivers a detailed theoretical study underpinned by fresh case studies. It is grounded in a clear distinction between 'federations', particular kinds of states, and 'federalism', the thinking that drives and promotes them. It also details the origins, formation, evolution and operations of federal political interests, through an authoritative series of chapters that: analyze the conceptual bases of federalism and federation through the evolution of the intellectual debate on federalism; the American Federal experience; the origins of federal states; and the relationship between state-building and national integration explore comparative federalism and federation by looking at five main pathways into comparative analysis with empirical studies on the US, Canada, Australia, India, Malaysia, Belgium, Germany, Austria, Switzerland and the EU explore the pathology of federations, looking at failures and successes, the impact of globalization. The final chapter also presents a definitive assessment of federal theory. This book will be of great interest to students and researchers of federalism, devolution, comparative politics and government.

Federalism as Decision-Making

Changes in Structures, Procedures and Policies

Author: Francesco Palermo,Elisabeth Alber

Publisher: Hotei Publishing

ISBN: 9004274510

Category: Law

Page: 538

View: 4232

Federalism as decision-making deals with the fundamental question of what answers federalism, as a pragmatic governance tool, can provide to current challenges. Federal theories and the management of specific policies are examined from a comparative and multi-disciplinary perspective.

Diversity and Unity in Federal Countries

Author: Luis Moreno,César Colino

Publisher: McGill-Queen's Press - MQUP

ISBN: 0773590870

Category: Political Science

Page: 450

View: 2044

In Diversity and Unity in Federal Countries, leading scholars and practitioners analyse the current political, socio-economic, spatial, and cultural diversity in the countries under consideration before delving into the role that social, historical, and political factors have had in shaping the balance of diversity and unity. The authors assess the value placed on diversity by examining whether present institutional arrangements and public policies restrict or enhance diversity and address the future challenges of balancing diversity and unity in an increasingly populated and mobile world.

Federalism and the Market

Intergovernmental Conflict and Economic Reform in the Developing World

Author: Erik Wibbels

Publisher: Cambridge University Press

ISBN: 9781139444521

Category: Political Science

Page: N.A

View: 1225

This book, first published in 2005, develops a comparative model of intergovernmental bargaining to account for variation in the capacity of federations in the developing world to undertake economic policy reform, suggesting that many market reform policies are a function of a constant process of bargaining between national and regional leaders struggling for political survival. As the degree of national-regional disagreement mounts, collective action on reforms that require implementation at multiple levels of government becomes more difficult. The degree to which the two factors conflict depends on four factors: the individual electoral interests, a shared intergovernmental fiscal system, the manner in which regional interests are represented in national policy making and the levers of partisan influence national leaders have over subnational politicians. In testing the argument with a combination of cross-sectional time-series and case study analysis, this book contributes to the broad literatures on development and the comparative political economy of federalism and decentralization.

Intergovernmental Relations in Federal Systems

Comparative Structures and Dynamics

Author: John Kincaid

Publisher: Oxford University Press, USA

ISBN: 9780199022267

Category: Central-local government relations

Page: 528

View: 1432

"This comparative volume on intergovernmental relations in twelve federal countries and the European Union explores one of the most vital operational aspects of federalism: interactions among orders and units of government in federal and quasi-federal systems. Such interactions take many different forms, serve a variety of purposes, and operate through a plethora of formal and informal channels. Each chapter describes the principal mechanisms and processes of intergovernmental relations, highlighting those that work well and those that do not. Topics considered include the impact of intergovernmental relations on democracy, citizen participation, accountability, justice, and the rule of law. Chapters also evaluate whether mechanisms and processes are effective in terms of policy making and implementation. This volume shows how intergovernmental relations are an integral part of every federal system, regardless of differences in history, constitutional framework, resources, and federal design."--

Political Parties and Civil Society in Federal Countries

Author: John Kincaid,Wolfgang Renzsch,Klaus Detterbeck

Publisher: N.A

ISBN: 9780199022274

Category: Civil society

Page: 344

View: 2165

Political parties and civil society organizations are among the most important political actors in federal democracies. These bodies represent both the interests and political identities of people on an individual level; society-wide, they make demands on public institutions and provide support for political preferences. They are also key political actors themselves, functioning as intermediaries between citizens and governments. This fascinating comparative study of the interactions between political parties and civil society in federal systems sheds new light on how these interactions function, influence politics, and ultimately shape a society. Political parties are known to be vital forces in federal systems. Less well-understood is the role of civil-society institutions; the reason for this in part is that in many less developed federations, political parties may be robust but civil society is weak. Yet there has until now been little comparison of these institutions across federations. By selecting key issues, experts in eleven federal systems consider how these interactions work and how they may be game-changing. Each chapter provides an overview of its country's arrangements, institutions, and practices regarding political parties and civil society organizations. Chapters reveal how parties and civil society are embedded in an institutional setting as well as the organizational structures and the territorial dynamics of interest mediation. They also analyze the impact of parties and civil society on federal developments. This clearly written, well-edited collection will be accessible to interested citizens, political leaders, government practitioners, and students and faculty in institutions of higher education. It also provides insight into emerging trends for all these readers. The study concludes, for example, that federalism has proved to be a powerful weapon for opposition parties to challenge one-party hegemony, and that traditional party allegiances is declining across states. Another fascinating insight is new sectors that have been growing in many countries, sectors that focus such issues as citizens' rights, environmental protection, and gender equality. A vast majority of nation-states are multinational, multilingual, multireligious, and/or multicultural, and many of these are federations. Understanding the interactions between political bodies within these states helps us understand the twin trends of globalization and regionalization evident throughout today's world. This book was undertaken as a joint project of the Forum of Federations, an international network on federalism that seeks to strengthen democratic governance by promoting dialogue on the functioning of federalism, and the International Association of Centres for Federal Studies, an association of centres and institutes throughout the world that maintain a research and teaching focus on political systems that have federal features.

The New Institutional Politics

Outcomes and Consequences

Author: Svante Ersson,Jan-Erik Lane

Publisher: Routledge

ISBN: 113467225X

Category: Political Science

Page: 352

View: 7472

The New Institutional Politics is a comparative study of the impact of political institutions upon outcomes, and covers some of the major themes in the new institutionalism. It looks at how various democratic institutions like Konkordanzdemokratie or corporatism promote better outcomes than Westminster institutions. The evaluation of the performance of political institutions covers the executive, the legislature and the judicial system. The book also looks at economic outcomes such as affluence and GDP growth as well as social ones like income distribution and quality of life. It examines the problems of institutional effects in democracies and dictatorships and provides analysis of some of the major models in political science. This is an exploration of how political institutions matter for political, economic and social outcomes. It estimates their impact in relation to other major factors such as culture and social structure. It is written for political scientists and graduates studying comparative politics.

Federal Solutions to Ethnic Problems

Accommodating Diversity

Author: Liam D. Anderson

Publisher: Routledge

ISBN: 0415781612

Category: Political Science

Page: 320

View: 9737

Exploring five distinct models of federal arrangement, this book evaluates the relative merits of each model as a mechanism for managing relations in ethnically divided societies. Two broad approaches to this issue, accommodation and denial, are identified and, from this, five distinct models of federal arrangement are derived. The models; ethnic, anti-ethnic, territorial, ethno-territorial, and federacy, are defined and then located within their broader theoretical tradition. Detailed case studies are used to evaluate the strengths and weakness of each model and highlight patterns in the success and failure rates of the universe of post-1945 federal arrangements. From this it is clear that two forms of ethnically defined federal arrangement – federacy and ethno-territorial federalism, are associated with low failure rates, while ethnic federalism has enjoyed a far higher rate of failure. The reasons for this are examined and the implications of this for the design of federal systems in ethnically divided societies are assessed. Federal Solutions to Ethnic Problems: Accommodating Diversity advances a new argument within the field of comparative politics, that certain forms of federal arrangement are systematically more successful than others in ameliorating ethnically conflicted societies and is essential reading for students and scholars with an interest in politics and the Middle East.

Federalism and Ethnic Conflict Regulation in India and Pakistan

Author: K. Adeney

Publisher: Springer

ISBN: 0230601944

Category: Political Science

Page: 239

View: 1282

Katharine Adeney demonstrates that institutional design is the most important explanatory variable in understanding the different intensity and types of conflict in the two countries rather than the role of religion. Adeney examines the extent to which previous constitutional choices explain current day conflicts.

Concurrent Powers in Federal Systems

Meaning, Making, Managing

Author: Nico Steytler

Publisher: BRILL

ISBN: 9004337571

Category: Law

Page: 380

View: 2367

Concurrency of powers is a key to governance in most federal systems. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, is the first to examine from a comparative perspective its various manifestations, reasons for emergence, and management strategies.

The Political Accountability of EU and US Independent Regulatory Agencies

Author: Miroslava Scholten

Publisher: Martinus Nijhoff Publishers

ISBN: 9004262997

Category: Law

Page: 508

View: 8704

The Political Accountability of EU and US Independent Regulatory Agencies is an in-depth investigation on the law and practices of the political accountability arrangements of all 35 EU and 16 US independent agencies.

Australian Constitutional Values

Author: Rosalind Dixon

Publisher: Bloomsbury Publishing

ISBN: 1509918418

Category: Law

Page: 304

View: 9703

Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.

Unstable Constitutionalism

Author: Mark Tushnet,Madhav Khosla

Publisher: Cambridge University Press

ISBN: 1107068959

Category: Law

Page: 414

View: 2311

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Radical Politics and Governance in India's North East

The Case of Tripura

Author: Harihar Bhattacharyya

Publisher: Routledge

ISBN: 1317211162

Category: Political Science

Page: 252

View: 5224

Tripura in India’s Northeast remains the only region in the world which has sustained a strong left radical political tradition for more than a century, in a context not usually congenial for left politics. Tripura is one of the 29 States in India which has returned the Communist Party of India (Marxist) led Left Front repeatedly to power. By contrast, radical ethnic politics dot the political scenario in the rest of the region. This book examines the roots, nature, governmental performance, and theoretical and policy implications of left radicalism in Tripura. The case of Tripura is placed in comparison with her neighbours in the region, and in some cases with India’s advanced States in governance matters. Based on original archival and the very recent empirical and documentary sources on the subject, the author shows that the Left in Tripura is well-entrenched, and that it has sustained itself compared to other parts of India, despite deeply rooted ethnic tensions between the aboriginal peoples (tribes) and immigrant Bengalis. The book explains how the Left sustains itself in the social and economic contexts of persistent ethnic conflicts, which are, rarely, if ever, punctuated by incipient class conflicts in a predominantly rural society in Tripura. It argues that shorn of the Indian Marxism’s ‘theoretical’ shibboleths, the Left in Tripura, which is part of the Indian Left, has learned to accommodate non-class tribal ethnicity within their own discourse and practices of government. This study demolishes the so-called ‘durable disorder’ hypothesis in the existing knowledge on India’s Northeast. A useful contribution to the study of radical left politics in India in general and state politics in particular, this book will be of interest to researchers of modern Indian history, India’s Northeast, and South Asian Politics.

Federalism and Decentralization in Health Care

A Decision Space Approach

Author: Gregory P. Marchildon,Thomas J. Bossert

Publisher: University of Toronto Press

ISBN: 1487521545

Category: Health & Fitness

Page: 272

View: 7427

Looking at Canada, Brazil, Germany, Mexico, Nigeria, Pakistan, South Africa and Switzerland, Federalism and Decentralization in Health Care examines the overall organization of the health system.

Constitutional Origins, Structure, and Change in Federal Countries

Author: John Kincaid,Alan Tarr

Publisher: McGill-Queen's Press - MQUP

ISBN: 0773572554

Category: Political Science

Page: 472

View: 7071

Contributors include Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher (Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan Marcos Gutiérrez González (Mexico), John Kincaid (USA), Rainer Knopff (Canada), Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland), Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA).

War, Capital, and the Dutch State (1588-1795)

Author: Pepijn Brandon

Publisher: BRILL

ISBN: 9004302514

Category: Political Science

Page: 462

View: 4417

In War, Capital, and the Dutch State (1588-1795), Pepijn Brandon provides a sweeping new interpretation of the rise and fall of the Dutch Republic, focusing on the interaction between state and capital in the organisation of warfare.