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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： Amnon Lev
出版商： Hart Publishing
ISBN: 9781509935673
出版时间 December 2019
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509907113

￥469.06

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A significant part of the world's population lives under some sort of federal arrangement. And yet, the concepts of federalism and federation remain under-theorised. Federalist theorists have, for the most part, defined their object by opposition to the unitary state. As a result, they have not developed public law theories that capture the specificity of this type of polity.

Bringing together contributions from leading public law theorists and intellectual historians, this volume explores the foundations of federalism. It develops novel perspectives on the core problems of traditional federalist theory and charts new departures in federalist theory and federal power-sharing. At a time when we look for more inclusive ways of ordering public life, the volume fills an urgent theoretical and political 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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