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The Federal Idea: Public Law Between Governance and Political Life

The Federal Idea: Public Law Between Governance and Political Life

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509907113
  • 出版时间 August 2017
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,068.75

¥1,036.69 Save ¥32.06 (3%)

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  • 描述 
  • 大纲 
  • 详细

    The volume grows out of the realization that constitutional and political developments in the West pose a serious challenge to the traditional conceptual framework of federalist scholarship.

    Despite the surge of interest that followed the groundbreaking work of Carl Joachim Friedrich and, more recently, Murray Forsyth, the concepts of federation and federalism have remained under-theorized. Federalist theorists have, for the most part, defined their object by opposition to the unitary state.

    As a result, they have not developed normative theories of federalism, relying instead on functional-ist models to understand federal phenomena. The dominance of functionalist methodologies is det-rimental to federalist scholarship because it obscures the specificity of federalism by reducing it to a simple means of governance.

    The proposed volume offers the first systematic and comprehensive treatment of the foundations of federalism. It develops novel perspectives on the core problems of traditional federalist theory and explores new departures in federalist theory and federal power-sharing. At a time when the ways we order public life have become issues of considerable theoretical and political interest, the proposed volume promises to fill an urgent need.

  • Introduction: Federalism and Public Law Theory
    Amnon Lev
    I. Making Public Law Work as Theory
    II. Modes of Federalism
    III. Aspects of the Federal Idea: An Overview of the Volume

    Part I: Theorising Federalism
    1. The Federal Condition
    Nicholas Aroney
    I. The Liberal Condition
    II. The Federal Condition
    2. Federation and Empire: About a Conceptual Distinction of Political Forms
    Olivier Beaud
    I. The Federation as a Political Form and its Relation to Empire
    II. The Ideal Typical Opposition between Federation and Empire
    III. An Illustration in Law: Federative Compact and Federal Treaty
    IV. Some Remarks on Unity and Diversity
    3. Towards a Deontic-Axiomatic Theory of Federal Adjudication
    Jean-François Gaudreault-DesBiens
    I. Preliminary Remarks
    II. Ambitions and Limits of a Normative, Deontic-Axiomatic Theory of Federalism
    III. Conclusion

    Part II: Governing the Federation
    4. Federalism and the Separation of Powers
    Jessica Bulman-Pozen
    I. Cooperative and Uncooperative Federalism
    II. Checking the Federal Executive on Behalf of Congress
    III. Fractal Separation of Powers
    IV. Conclusion
    5. Federalism as a Mode of Governance: Autonomy, Identity, Power, and Rights
    Edward L Rubin
    I. The Essence of Federalism: Partial Political Autonomy
    II. The Motivation for Federalism: Divergent Political Identity
    III. The Features of Federalism as a Modality of Government
    IV. The Normative Basis for Federalism
    V. Conclusion
    6. Executive Power in Federations
    Cheryl Saunders
    I. Federal Design
    II. Separation of Powers
    III. Australia
    IV. Conclusions

    Part III: Federal Trajectories
    7. Woodrow Wilson and the Challenge of Federalism in World War One
    Duncan Kelly
    I. Woodrow Wilson on Democracy and Federalism
    II. Pan-Nationalism
    III. Federation and Federalism
    8. Federalism and the Ends of Europe
    Amnon Lev
    I. Federalism in the European State System
    II. Theorising the Federation
    III. Crisis and Post-Humanism: Federalising Europe
    9. Federalism and Democracy: The Far-Reaching Dynamism of Democratic Federations
    Dwight Newman
    I. Federalism and Democracy in the Secession Reference
    II. Federalism as a Response to Divided Demoi
    III. Federalism and the Construction of Divided Demos-Identities
    IV. Federalism, Democracy, and Dynamism
    10. Federalism and the Plurinational Challenge
    Stephen Tierney
    I. Federalism: Why Does it Matter, What is it?
    II. Inherent Tensions in the Federal Idea
    III. The Plurinational State and Federalism
    IV. Why Does this Matter?
    V. Plurinational Scholarship and the Liberal Theory of the State
    VI. Implications for Federal Theory and Practice
    VII. E Pluribus Unum: The Plurinational Challenge
    VIII. Plurinational Federation and Sovereignty
    IX. Conclusion

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