Courts in Federal Countries

Author: Nicholas Theodore Aroney
Publisher: University of Toronto Press
ISBN: 9781487511487
Release Date: 2017-04-24
Genre: Law

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.

Concurrent Powers in Federal Systems

Author: Nico Steytler
Publisher: BRILL
ISBN: 9789004337572
Release Date: 2017-01-10
Genre: Law

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.

Australian Constitutional Values

Author: Rosalind Dixon
Publisher: Bloomsbury Publishing
ISBN: 9781509918416
Release Date: 2018-02-08
Genre: Law

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.

American Justice 2017

Author: Kimberly Robinson
Publisher: University of Pennsylvania Press
ISBN: 9780812294750
Release Date: 2017-09-15
Genre: Law

With the death of associate justice Antonin Scalia, the Supreme Court was plunged into crisis. Refusing to hold hearings or confirm the nominee of a Democratic president almost a year away from a presidential election, the Republican-controlled Senate held the court hostage, forcing it to do its work through nearly the entire term ending in June 2017 with just eight justices. In American Justice 2017: The Supreme Court in Crisis, Kimberly Robinson examines the way individual justices and the institution as a whole reacted to this unprecedented, politically fraught situation. In public, the justices put on brave faces, waiting for the confirmation battle to play itself out, while indicating in occasional statements that the court would muddle through just fine. In private, though, things appear to have been more complicated. Narrow decisions, lackluster choice of cases, and odd bedfellows teaming up on the same sides of opinions and dissents give us a hint of the strenuous effort the eight justices made to uphold the integrity of the institution in the face of hurricane-force partisan gales.

The Soul of the First Amendment

Author: Floyd Abrams
Publisher: Yale University Press
ISBN: 9780300190885
Release Date: 2017-04-25
Genre: Law

A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

Comparative Federalism

Author: Michael Burgess
Publisher: Routledge
ISBN: 9781134219483
Release Date: 2006-09-27
Genre: Political Science

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.

Political Parties and Civil Society in Federal Countries

Author: John Kincaid
Publisher:
ISBN: 0199022275
Release Date: 2015-09-02
Genre: Civil society

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.

Federalism as Decision Making

Author: Francesco Palermo
Publisher: Hotei Publishing
ISBN: 9789004274518
Release Date: 2015-02-26
Genre: Law

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.

The New Institutional Politics

Author: Jan-Erik Lane
Publisher: Psychology Press
ISBN: 0415183200
Release Date: 2000-01
Genre: Political Science

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.

Courts and Political Institutions

Author: Tim Koopmans
Publisher: Cambridge University Press
ISBN: 0521533996
Release Date: 2003-09-04
Genre: Juvenile Nonfiction

Considers the relation between law and politics, including human rights, federalism and equal protection.

Federal Solutions to Ethnic Problems

Author: Liam D. Anderson
Publisher: Routledge
ISBN: 9781136176869
Release Date: 2012-11-27
Genre: Political Science

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.

Democracy and Political Ignorance

Author: Ilya Somin
Publisher: Stanford University Press
ISBN: 9780804799355
Release Date: 2016-06-15
Genre: Law

One of the biggest problems with modern democracy is that most of the public is usually ignorant of politics and government. Many people understand that their votes are unlikely to change the outcome of an election and don't see the point in learning much about politics. This creates a nation of people with little political knowledge and little ability to objectively evaluate what they do know. The second edition of Democracy and Political Ignorance fully updates its analysis to include new and vital discussions on the implications of the "Big Sort" for politics, the link between political ignorance and the disproportionate political influence of the wealthy, assessment of proposed new strategies for increasing political knowledge, and up-to-date survey data on political ignorance during recent elections. Ilya Somin mines the depths of the current state of ignorance in America and reveals it as a major problem for democracy. He weighs various options for solving this problem, provocatively arguing that political ignorance is best mitigated and its effects lessened by decentralizing and limiting government. People make better decisions when they have stronger incentives to acquire relevant information—and to use it wisely.

Intergovernmental Relations in Federal Systems

Author: John Kincaid
Publisher: Oxford University Press, USA
ISBN: 0199022267
Release Date: 2016-02-11
Genre: Central-local government relations

"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."--

The Road to Federalism in Nepal Myanmar and Sri Lanka

Author: Michael G Breen
Publisher: Routledge
ISBN: 9781351581745
Release Date: 2018-01-19
Genre: Social Science

Nations built on exclusion and assimilation, decades of civil war, widespread poverty, authoritarianism and the decline of democracy. Nepal, Myanmar and Sri Lanka are travelling a road to federalism. Institutions and ethnic identity have interacted to privilege some and marginalise others. But when the right conditions prevail, political equality can be restored. This book charts the origins and evolution of federalism and other approaches to the accommodation of minority ethnic groups in Nepal, Myanmar and Sri Lanka. It applies a historical institutionalism methodology to understand why federalism has been resisted, what causes it to be established and what design options are most likely to balance otherwise competing centripetal and centrifugal forces. Breen shows how Nepal, Myanmar and Sri Lanka are finding a middle ground whereby deliberative and moderating institutions are combined with accommodating ones to support a political equality among groups and individuals.