The federal idea : public law between governance and political life / edited by Amnon Lev.
2017
K3185 .F427 2017 (Map It)
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Details
Title
The federal idea : public law between governance and political life / edited by Amnon Lev.
Published
Oxford ; Portland, Oregon : Hart Publishing, 2017.
Copyright
©2017
Call Number
K3185 .F427 2017
ISBN
9781509907113 hardcover ; alkaline paper
1509907114 hardcover ; alkaline paper
9781509907120 (Epub)
9781509907137 (ePDF)
1509907114 hardcover ; alkaline paper
9781509907120 (Epub)
9781509907137 (ePDF)
Description
vii, 254 pages ; 25 cm.
System Control No.
(OCoLC)980302540
Summary
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.
Note
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Federal idea. Oxford ; Portland, Oregon : Hart Publishing, 2017 9781509907120 (OCoLC)980346824
Record Appears in
Added Author
Table of Contents
Contributors
ix
Introduction: Federalism and Public Law Theory / Amnon Lev
1
I.
Making Public Law Work as Theory
3
II.
Modes of Federalism
11
III.
Aspects of the Federal Idea: An Overview of the Volume
17
pt. I
Theorising Federalism
1.
Federal Condition / Nicholas Aroney
29
I.
Liberal Condition
30
A.
Hobbes and Locke
30
B.
Althusius
32
C.
Madison
34
D.
Arendt
38
II.
Federal Condition
40
A.
Personal Relations
40
B.
Social Relations
42
C.
Political Relations
45
D.
Coercive Relations
48
2.
Federation and Empire: About a Conceptual Distinction of Political Forms / Olivier Beaud
53
I.
Federation as a Political Form and its Relation to Empire
54
II.
Ideal Typical Opposition between Federation and Empire
59
III.
Illustration in Law: Federative Compact and Federal Treaty
62
IV.
Some Remarks on Unity and Diversity
68
3.
Towards a Deontic-Axiomatic Theory of Federal Adjudication / Jean-Francois Gaudreault-DesBiens
75
I.
Preliminary Remarks
80
A.
Thinking That What You Do Not See Does Not Exist Could Be Wrong
80
B.
Federalism is Not Merely Subservient to Other, More Fundamental, Values
83
C.
Legal Theory of Federalism is Possible
88
II.
Ambitions and Limits of a Normative, Deontic-Axiomatic Theory of Federalism
92
A.
Such a Theory is Both Modest and Ambitious
93
B.
Such a Theory Seeks to Enhance the Constitutional Potential of Each Federal Actor
94
C.
Such a Theory Assumes the Crucial Role of the Judiciary in a Federation
95
D.
Such a Theory Reflects a Dynamic Conception of Constitutional Interpretation
97
III.
Conclusion
99
pt. II
Governing the Federation
4.
Federalism and the Separation of Powers / Jessica Bulman-Pozen
107
I.
Cooperative and Uncooperative Federalism
109
II.
Checking the Federal Executive on Behalf of Congress
110
A.
Checking the Federal Executive
111
B.
Championing Congressional Authority
112
C.
Reinvigorating Horizontal Checks
116
III.
Fractal Separation of Powers
118
A.
Competition
118
B.
Separation
121
IV.
Conclusion
123
5.
Federalism as a Mode of Governance: Autonomy, Identity, Power, and Rights / Edward L. Rubin
125
I.
Essence of Federalism: Partial Political Autonomy
126
II.
Motivation for Federalism: Divergent Political Identity
129
III.
Features of Federalism as a Modality of Government
132
IV.
Normative Basis for Federalism
136
A.
Negative and Positive Rights and Federalism
136
B.
Group Rights and Federalism
139
V.
Conclusion
144
6.
Executive Power in Federations / Cheryl Saunders
145
I.
Federal Design
146
II.
Separation of Powers
150
III.
Australia
154
A.
Federal Design
154
B.
Separation of Powers
156
C.
Breadth and Depth
158
D.
Compound Conception of Federal Executive Power
159
E.
Unfinished Business
162
IV.
Conclusions
164
pt. III
Federal Trajectories
7.
Woodrow Wilson and the Challenge of Federalism in World War One / Duncan Kelly
167
I.
Woodrow Wilson on Democracy and Federalism
168
II.
Pan-Nationalism
175
III.
Federation and Federalism
183
8.
Federalism and the Ends of Europe / Amnon Lev
189
I.
Federalism in the European State System
190
II.
Theorising the Federation
195
III.
Crisis and Post-Humanism: Federalising Europe
201
9.
Federalism and Democracy: The Far-Reaching Dynamism of Democratic Federations / Dwight Newman
211
I.
Federalism and Democracy in the Secession Reference
213
II.
Federalism as a Response to Divided Demoi
215
III.
Federalism and the Construction of Divided Demos-Identities
220
IV.
Federalism, Democracy, and Dynamism
222
10.
Federalism and the Plurinational Challenge / Stephen Tierney
227
I.
Federalism: Why Does it Matter, What is it?
228
II.
Inherent Tensions in the Federal Idea
232
III.
Plurinational State and Federalism
233
IV.
Why Does this Matter?
235
V.
Plurinational Scholarship and the Liberal Theory of the State
236
VI.
Implications for Federal Theory and Practice
237
VII.
E Pluribus Unum: The Plurinational Challenge
238
VIII.
Plurinational Federation and Sovereignty
239
IX.
Conclusion
240
Index
243