Bulletin n. 1/2012 - June 2012
List of contents
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Marcus Maeva A Note of Appreciation for Documentary Editing in William and Mary Quarterly, volume 69, number 2, april , 401-401 http://oieahc.wm.edu/wmq/Apr12/reviews/WMQ_Apr12_17_review_Marcus_2.pdf
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Papillon Martin Adapting Federalism: Indigenous Multilevel Governance in Canada and the United States in Publius: The Journal of Federalism, vol. 42, n. 2, Spring , 289-312
Given its change-resistant nature, how does federalism evolve to reflect the changing social and political context? This article compares the trajectories of Canadian and American federalism in response to the self-determination claims of indigenous peoples. Building on the literature on institutional change, I first suggest that both federations have followed similar patterns of institutional adaptation to indigenous claims through the development of multilevel governance (MLG) regimes that are layered over the existing federal structure without altering its foundations. I then underline the variations in the two MLG regimes and suggest these differences are the product of specific policy legacies as well as strategic choices made by the indigenous leadership, notably around venue selection.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Sadanandan Anoop Bridling Central Tyranny in India: How Regional Parties Restrain the Federal Government in Asian Survey , Vol. 52, No. 2, March/April , 247-269
Successive national governments in India have invoked an emergency constitutional provision to impose direct central rule in states over 100 times since 1950. However, such central government usurpation of state governance has declined since the mid-1990s. This essay demonstrates how India's regional parties, by entering into opportunistic alliances with national parties and joining coalition central governments, have become effective barriers against central dominance. It also identifies the specific dynamics through which this effective veto power is exercised.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Brown, Douglas M.
Page 1/491 Comparative Climate Change Policy and Federalism: An Overview in Review of Policy Research , volume 29 n.3 , 322-333
This commentary provides an overview of the four papers in this issue of Review of Policy Research on the politics of climate change. The papers all address in one way or another aspects of how federal‐type systems are dealing with the collective action and multilevel governance issues of climate change policy. The comparative study of federal systems provides insight into how domestic authority is so often overlapping and divided when dealing with greenhouse gas emissions and climate change. Federal arrangements offer a rich array of norms, institutions, and practices for tackling these problems. Federal systems grapple continuously with the kinds of issues that are the most intractable in the climate change case, such as overcoming interregional differences of interests and values. A common federal feature is competition among subnational governments and between them and national or federated governments over climate change policy, which has been especially significant in the United States and in Canada in the relative absence of national action––although soberingly, the whole is as yet nowhere near as great as the sum of the parts. More significant, but rarer is the achievement of tighter coordination in federal systems achieved through intergovernmental co‐decision, as seen in the European Community and Australia. This has been accomplished in large part due to a consensus among all intergovernmental parties on the nature of the problem and congruence with the existing international regime, characteristics missing in the North American context.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Zachary Callen Congress and the Railroads: Federalism, American Political Development, and the Migration of Policy Responsibility in American Politics Research, Vol.40, n.2, March , 293-326
This article argues that American federalism led both to a greater national role in rail promotion and more centralized railroads in the antebellum period. Local competition among states led Congressional representatives from state unable to build local railroads to turn to federal assistance. Early support for railroads came from representatives in the South and frontier, who were primarily drawn into rail coalitions because of their own inability to build local rail networks. However, over time, competition among states within the coalition as well as concerns about federal power led many initial members of the coalition to drop out. In their place, states that favored a stronger federal state stepped into the coalition and subsequently built a more nationally oriented rail system. This analysis argues that the shifting of policies from local control to national oversight due to local resource shortages is an important aspect of American states building.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Persichino Robert Crise institutionnelle ou crise identitaire ? in Debat (Le), n. 169, mars-avril , 56-66
Le système politique américain est en crise. Les institutions ne fonctionnent plus. En septembre 2011, au cours d’un entretien au Monde Magazine, le philosophe Francis Fukuyama note ainsi : « Au-delà de la crise économique actuelle
Page 2/491 ou d’une éventuelle nouvelle attaque terroriste, je crois que l’Amérique traverse une crise de gouvernance très grave....
PLAN DE L'ARTICLE
La faiblesse législative du 112e Congrès Un paysage électoral en recomposition La conjecture de Huntington
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Woehrling José El sistema federal de Cánada: origen, evolución y problemas actuales in Teoria y realidad constitucional, n. 28 , 431-459
No abstract available
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Abbink Jon Ethnic-based federalism and ethnicity in Ethiopia: reassessing the experiment after 20 years in Journal of Eastern African Studies , Volume 5, Issue 4, Special Issue: "Ethiopia's revolutionary democracy, 1991–2011" , 596-618
One of the core principles instituted by the post-1991 government in Ethiopia that took power after a successful armed struggle was ethnic-based federalism, informed by a neo-Leninist political model called revolutionary democracy. In this model, devised by the reigning Tigray People's Liberation Front (later EPRDF), ethnic identity was to be the basis of politics. Identities of previously non-dominant groups were constitutionally recognized and the idea of pan-Ethiopian identity de-emphasized. This article examines the general features and effects of this new political model, often dubbed an “experiment”, with regard to ideas of federal democracy, socio-economic inclusiveness, and ethno-cultural and political rights. After 20 years of TPLF/EPRDF rule, the dominant rhetorical figure in Ethiopian politics is that of ethnicity, which has permeated daily life and overtaken democratic decision-making and shared issue-politics. The federal state, despite according nominal decentralized power to regional and local authorities, is stronger than any previous Ethiopian state and has developed structures of central control and top-down rule that preclude local initiative and autonomy. Ethnic and cultural rights were indeed accorded, and a new economic dynamics is visible. Political liberties, respect for human rights and economic equality are however neglected, and ethnic divisions are on the increase, although repressed. Ethiopia's recent political record thus shows mixed results, with positive elements but also an increasingly authoritarian governance model recalling the features of the country's traditional hierarchical and autocratic political culture. This may produce more debate on the need for “adjusting the experiment”.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation
Page 3/491 Cornel Saul Evidence, Explanation, and the Ghost of Charles Beard in William and Mary Quarterly, volume 69, number 2, april , 393-394 http://oieahc.wm.edu/wmq/Apr12/reviews/WMQ_Apr12_14_review_Cornell_2.pdf
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Thomas Christin, Simon Hug Federalism, the Geographic Location of Groups, and Conflict in Conflict Management and Peace Science , Vol. 29, n°1 , 93-122
In the literature on civil conflicts, federalism is often touted as a useful institution to address regional demands. However, diversity in the groups present in a country is also associated with a higher tendency for conflicts. In this article we examine how the geographic distribution of groups across a country affects the ways in which federalism contributes to conflict resolution. Of tantamount importance in assessing these effects of federalism is whether particular types of distributions of groups across a territory make the adoption of federal institutions more likely. We find federal countries with strong ethno-federal arrangements to be particularly conflict-prone.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Bouckaert Geert, Brans Marleen Governing without Government: Lessons from Belgium's Caretaker Government in Governance, Vol. 25, n. 2, April , 173-176
The record-breaking absence of a full-powered federal government in Belgium has triggered reflections on the possibility of governing without government. To what extent was Belgium not governed? Or was it governed without a government? And what lessons can be drawn from this unique experiment? In our view, the governing crisis was not a period without government; rather, it was a time when two types of transitional governments operated together: a caretaker one, which was disappearing, and a “constituent” one, which was emerging. [...]
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Tamara Lajoinie Identité constitutionnelle et démocratie en Australie in Pouvoirs, n. 141 , 17-28
The Australian constitutional system establishes a plural constitutional identity which borrows from both the historical principles of British parliamentary monarchy and the voluntarism of American federalism. The choice of institutional and constitutional syncretism means that the former British colony is a remarkable example of pacified federalism on a continental scale and allows for a useful reflection about the specific reception of the notion of political democracy by such a legal system. Such a reflection cannot be disconnected from an inquiry focusing on the genesis of the federal
Page 4/491 constitution, as well as on the current meaning of the defining principles of Australian constitutional identity.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Cornel Saul Idiocy, Illiteracy, and the Forgotten Voices of Popular Constitutionalism: Ratification and the Ideology of Originalism in William and Mary Quarterly, volume 69, number 2, april , 365-368 http://oieahc.wm.edu/wmq/Apr12/reviews/WMQ_Apr12_08_review_Cornell.pdf
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Deiwiks Christa, Cederman Lars-Erik , Gleditsch Kristian Skrede Inequality and conflict in federations in Journal of Peace Research, Volume 49, Number 2, March , 289-304
Case study evidence suggests that inequality between regions in federations affects the risk of secessionist conflict. However, the conventional quantitative literature on civil war has found little support for a link between economic inequality and civil war. We argue that this seeming discrepancy in part stems from differences in the conceptualization of inequality and its operationalization, which has focused on individual-level wealth differences. In contrast, we investigate regional-level inequality, which is more readily applicable to understanding possible incentives for internal conflict. We adopt a spatial approach, based on new geo-coded data on administrative units in 31 federal states between 1991 and 2005, economic wealth, and ethnic settlements, and demonstrate strong evidence that regional inequality affects the risk of secessionist conflict. The results indicate that in highly unequal federations, both relatively developed and underdeveloped regions are indeed more likely to be involved in secessionist conflict than regions close to the country average. In addition, we provide evidence that exclusion from central state power as well as ethnic groups’ access to regional institutions are associated with an increased risk for secessionist conflict. The findings on inequality remain robust even when controlling for other confounding factors such as country GDP, population and war history.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Biglino Campos Paloma La Constitución fue norma por ser pacto federal in Teoria y realidad constitucional, n. 28 , 179-204
Full text available at: http://e-spacio.uned.es/fez/eserv.php?pid=bibliuned:TeoriayRealidadConstitucional-2011-28-2040&dsID=Documento.pd f
------
Page 5/491 Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Cheryl Saunders Le fédéralisme australien et l’autonomie locale in Pouvoirs, n. 141 , 39-50
This article outlines the form and constitutional structure of the Australian federation and explains its operation in practice. It argues that, while on the face of the Constitution the federation is devolutionary in terms of both institutions and the distribution of powers, it has become progressively centralized over time, through Commonwealth action, judicial interpretation and intergovernmental co-operation. Federalism nevertheless was and is a defining feature of Australian constitutionalism that, even now, operates as a significant check and balance in the Australian constitutional system. The article concludes by identifying some pending developments, each of which has the capacity to affect the future direction that Australian federalism takes.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Aloisio Salvatore Lo Stato federale, aspetto di struttura del federalismo in Il Ponte, Numero 2-3 - Febbraio-Marzo 2012
No abstract available
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Sutcliffe, John B. Multi-level Governance in a Canadian Setting: The Reform of the Detroit River Border Crossing in Regional and Federal Studies, volume 22 n.2 , 141-158
This article examines the policy-making process surrounding the reform of the Detroit River border crossing linking Canada and the United States. In particular, the paper examines the debate over the construction of a Canadian access road to a new border crossing and focuses on the role played by one municipal government in this aspect of the policy-making process. The article argues that a multi-level governance perspective is useful in drawing attention to the large number of actors from both the public and private sectors and from different territorial levels interested and engaged in the decision-making process. The decision making has been remarkably open to these actors and has involved fluid patterns of both co-operation and disagreement. This conclusion does not, however, suggest that federalism is irrelevant. Instead, it draws attention to the extent to which multi-level governance perspectives build on federalism's central focus on the relationship between the federal and provincial governments.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Martinico Giuseppe Multilevel governance e federalismo costituzionale: le sfide per la teoria giuridica
Page 6/491 in Il Ponte, Numero 2-3 - Febbraio-Marzo 2012
No abstract available
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Maier Pauline Narrative, Interpretation, and the Ratification of the Constitution in William and Mary Quarterly, volume 69, number 2, april , 382-290 http://oieahc.wm.edu/wmq/Apr12/reviews/WMQ_Apr12_12_review_Maier.pdf
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Cotlar Seth Narrative, Interpretation, and “the People’s” Debate over the Constitution in William and Mary Quarterly, volume 69, number 2, april , 395-397 http://oieahc.wm.edu/wmq/Apr12/reviews/WMQ_Apr12_15_review_Cotlar_2.pdf
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Waxman Matthew C. National Security Federalism in the Age of Terror in Stanford Law Review, Vol. 64, issue 2 , 289-350
National security law scholarship tends to focus on the balancing of security and liberty, and the overwhelming bulk of that scholarship is about such balancing on the horizontal axis among branches at the federal level. This Article challenges that standard focus by supplementing it with an account of the vertical axis and the emergent, post-9/11 role of state and local government in American national security law and policy. It argues for a federalism frame that emphasizes vertical intergovernmental arrangements for promoting and mediating a dense array of policy values over the long term. This federalism frame helps in understanding the cooperation and tension between the federal and local governments with respect to counterterrorism and national security intelligence, and also yields insights to guide reform of those relationships. The Article emphasizes two important values that have been neglected in the sparse scholarship on local government and national security functions: (1) accountability and the ways vertical intergovernmental arrangements enhance or degrade it, and (2) efficiency and the ways those arrangements promote public policy effectiveness. This Article reveals the important policy benefits of our shared federal-local national security system, and it suggests ways to better capture these benefits, especially if terrorism threats evolve to include a greater domestic component.
Full text available at: http://www.stanfordlawreview.org/sites/default/files/Waxman-64-Stan-L-Rev-289.pdf
Page 7/491 ------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Vanin Erminio Per una biografia del federalismo in Diritto della regione (il), ed. 1 luglio 2011
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Estes Todd Perspectives, Points of Emphasis, and Lines of Analysis in the Narrative of the Ratification Debate in William and Mary Quarterly, volume 69, number 2, april , 361-364 http://oieahc.wm.edu/wmq/Apr12/reviews/WMQ_Apr12_07_review_Estes.pdf
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Estes Todd Power and Point of View in the Ratification Contest in William and Mary Quarterly, volume 69, number 2, april , 398-400 http://oieahc.wm.edu/wmq/Apr12/reviews/WMQ_Apr12_16_review_Estes_2.pdf
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Maier Pauline Ratification: A Response to Responses in William and Mary Quarterly, volume 69, number 2, april , 402-403 http://oieahc.wm.edu/wmq/Apr12/reviews/WMQ_Apr12_18_review_Maier_2.pdf
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Bernstein R.B. Ratification’s Pathfinder, with Some Hints for Future Explorations in William and Mary Quarterly, volume 69, number 2, april , 377-381
Page 8/491 http://oieahc.wm.edu/wmq/Apr12/reviews/WMQ_Apr12_11_review_Bernstein.pdf
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Bernstein R.B. Recapitulating Three Themes in William and Mary Quarterly, volume 69, number 2, april , 391-392 http://oieahc.wm.edu/wmq/Apr12/reviews/WMQ_Apr12_13_review_Bernstein2.pdf
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Marcus Maeva The Constitution’s Court in William and Mary Quarterly, volume 69, number 2, april , 373-376 http://oieahc.wm.edu/wmq/Apr12/reviews/WMQ_Apr12_10_review_Marcus.pdf
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Moore Ryan T., Giovinazzo Christopher T. The Distortion Gap: Policymaking under Federalism and Interest Group Capture in Publius: The Journal of Federalism, vol. 42, n. 2, Spring , 189-210
Which should be preferred in a federal system, state- or national-level policymaking? Though theory suggests that more voters are satisfied by local control, we identify new conditions under which national policymaking is preferred based solely on the distorting influence of interest groups. Even when interest groups capture state policymaking at the same rate as states' national representatives, a “distortion gap” exists between the two regimes. We find that national policymaking provides more aggregate welfare when voters widely disagree with moderately prevalent strong interest groups, refining Madison's prescription for national policymaking to counter local factions. We show that other justifications for national policymaking (such as avoiding spillovers and overcoming interest groups' easier capture of state than national politics) are not necessary to prefer national policies.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Fink Alexander The Hanseatic League and the Concept of Functional Overlapping Competing Jurisdictions in Kyklos, Volume 65, Issue 2, May 2012 , 194-217
I explore the medieval phenomenon of the Hanseatic League. I use the concept of functional overlapping competing
Page 9/491 jurisdictions (FOCJ) discussed by Frey and Eichenberger (1996, 1999, 2000) as framework for my analysis of the medieval association of northern European traders and cities. I show that the Hanseatic League came close to representing an example of a FOCJ. But I find that in contrast to the FOCJ outlined by Frey and Eichenberger the polycentric Hanseatic League as an inter-regional structure lacked the characteristic of a jurisdiction. It was not a political authority with the power to tax and regulate its members. The arrangements between the members of the Hanseatic League therefore had to be self-enforcing. Building on my investigation of the Hanseatic League, I further provide a general discussion of the costs and benefits of a central political authority in a system of functional overlapping competing units.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Christian Leuprecht The Nascent Societies and Governments of Germany's Unitary Federalism in Regional and Federal Studies, volume 22 n.2 , 177-204
Is German federalism a function of its society or of its institutions? Understood as co-ordinating mechanisms, federal institutions are functionally predicated on generating or sustaining equilibria. But what impact do changes in independent social effects have on institutional stability? Either these equilibria are highly elastic; or there comes a tipping point of social change beyond which equilibria become increasingly costly and difficult to sustain, let alone generate. A conflagration of population aging, immigration and urbanization as well as post-industrial economic transformation has been spawning unprecedented horizontal differentiation across federations. Yet, federal institutional structures have remained largely unchanged. This observation has important implications for theorizing about the relationship between structure and institutional change: Rather than taking societal change as a harbinger of things to come, federal institutions are actually proving themselves as agents of continuity. This article examines the Federal Republic of Germany as a crucial case study where demographic and economic differentiation across the federal territory is especially pronounced. While exposing sociological reductionism in federal studies as problematic, the premise of this article is thatinstitutional continuity in light of societal change notwithstandingthere are good empirical reasons why the German federal system cannot be taken for granted, at least not in its current form.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Cotlar Seth The View from Mount Vernon versus the People Out of Doors: Context and Conflict in the Ratification Debates in William and Mary Quarterly, volume 69, number 2, april , 369-372 http://oieahc.wm.edu/wmq/Apr12/reviews/WMQ_Apr12_09_review_Cotlar.pdf
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Antonov Mikhail Theoretical Issues of Sovereignty in Russia and Russian Law
Page 10/491 in Review of Central & East European Law, vol. 37, n. 1 , 95-113
This article examines the background and the framework of discussions about the concept of sovereignty and its limits. It begins with a short historical analysis of the processes which took place in Soviet Russia leading to the 'parade of sovereignties' in the early 1990s. Afterwards, the author sketches the different approaches and doctrines upheld by the Russian Constitutional Court in several landmark decisions concerning sovereignty problems. The article focuses on the vertical dimension of sovereignty, i.e., on different conceptions adopted by federal and regional powers in post-Soviet Russia regarding the legal status of the member-republics (subjects) of the Russian Federation. The development of the doctrine of the Constitutional Court of Russia in this matter is quite illustrative as to the legal arguments used to protect the integrity of the Russian Federation against the diverse disintegrative strategies pursued by the regions.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Barra Andrea Un federalismo dinamico: l'evoluzione dei rapporti tra Stato federale e province in Canada in Diritto pubblico comparato ed europeo, n. 4 , 1539-1555
No abstract available
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Edwards Laura F. What Constitutes a Region? in Diplomatic History, vol. 36, n. 3, June , 483-486
No abstract available
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 2.Constitutional reform Häberle Peter Argentinien als Verfassungsstaat in Jahrbuch des öffentlichen Rechts der Gegenwart, Band 60, 2012
No abstract available
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 2.Constitutional reform Timmermann Andreas Die Verfassung der Republik Venezuela von 1811: Vorbilder und ideengeschichtliche Grundlagen in Jahrbuch des öffentlichen Rechts der Gegenwart, Band 60, 2012
Page 11/491 No abstract available
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 2.Constitutional reform Orren Karen Doing Time: A Theory of the Constitution in Studies in American Political Development , Volume 26 - Issue 01 , 71-81
Proceeding inductively, starting with three standard examples of major constitutional change, this short essay offers a theory of the Constitution, derived from its historical imposition on the criminal law. The theory proposes to unite constitutional provision, structure, and operations within a single framework over time.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 2.Constitutional reform Reimer Ekkehart La crisis financiera como oportunidad político-constitucional. El nuevo freno al endeudamiento en la constitución alemana in Teoria y realidad constitucional, n. 28 , 93-132
Full text available at: http://e-spacio.uned.es/fez/eserv.php?pid=bibliuned:TeoriayRealidadConstitucional-2011-28-2020&dsID=Documento.pd f
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 2.Constitutional reform Heinz Dominic Varieties of Joint Decision Making: The Second Federal Reform in German Politics, Volume 21, Issue 1 , 129-142
Germany recently experienced another federal reform, shortly after a previous modification to the German federal system. Has the second federal reform brought substantial change instead of the gradual change that literature on joint decision making would lead us to expect? This article analyses the reform in three stages: agenda setting, negotiation, and ratification; and suggests that at best the new restrictions upon public debt brought about by the second federal reform can be seen as a substantial change, but only if actors comply with them. Furthermore, this note argues that varieties of joint decision making can be identified in German constitutional policy, as they can in German public policy and EU policies. Patterns of joint decision making vary, depending on agenda setting and negotiations, so that the article argues for a differentiated view of joint decision making, the joint decision trap and exits from the joint decision trap.
------
Section A) The theory and practise of the federal states and multi-level systems of government
Page 12/491 Subsection 2.Constitutional reform Häberle Peter Verfassung 'aus Kultur' und Verfassung 'als Kultur' - ein wissenschaftliches Projekt für Brasilien (2008) in Jahrbuch des öffentlichen Rechts der Gegenwart, Band 60, 2012
No abstract available
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 3.The division (and the conflicts) of powers and competences Chappell Louise, Costello Mayet Australian Federalism and Domestic Violence Policy-Making in Australian Journal of Political Science, vol. 46, n. 4 , 633-650
ABSTRACT: The influence of state architecture on gender policy and politics is an emergent strand of feminist research. This paper contributes to this research by undertaking a detailed case study of one specific gender policy area – domestic violence policy – in old federation Australia. Drawing on the experiences of the past decade, it confirms earlier research findings that demonstrate that under certain conditions, federal structures can influence the development of gender policy in positive ways, such as providing opportunities for ‘venue shopping’ and policy innovation. The paper engages, too, with recent research on Australian federalism and challenges the consensus about the centralised nature of the Australian federal system by demonstrating that in the area of gender policy, states and territories are more than just the implementation arms of the Commonwealth government. Sub-national governments continue to play an important and autonomous role in policy relating to women and therefore remain central sites for advancing gender equality.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 3.The division (and the conflicts) of powers and competences Schefold Dian Die Homogenität im Mehrebenensystem in Jahrbuch des öffentlichen Rechts der Gegenwart, Band 60, 2012
No abstract available
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 3.The division (and the conflicts) of powers and competences Siegel Neil S. Free Riding on Benevolence: Collective Action Federalism and the Minimum Coverage Provision in Law and contemporary problems, Volume 75 2012 Number 3
------
Page 13/491 Section A) The theory and practise of the federal states and multi-level systems of government Subsection 3.The division (and the conflicts) of powers and competences Stammati Sergio Il principio di sussidiarietà tra passato e presente in Diritto e società, n. 2-3 , 337-428
No abstract available
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 3.The division (and the conflicts) of powers and competences Byland Karin, Varone Frédéric Judiciarisation de l’action publique en Suisse: analyse du contentieux administratif au Tribunal fédéral in Swiss Political Science Review - Schweizerische Zeitschrift für Politikwissenschaft - Revue suisse de science politique, Volume 18, Issue 1, March 2012 , 78-100
Résumé: La judiciarisation de l’action publique demeure un champ de recherche peu exploré par les politologues suisses. Cette note de recherche étudie dès lors l’évolution des 79’752 affaires liquidées par le Tribunal fédéral, de 1990 à 2010, en matière administrative. Les résultats empiriques montrent que le contentieux administratif croît de 45% sur la période observée, principalement en matière d’assurances sociales. Nous observons toutefois des différences notables entre les domaines de politiques publiques et quant à la provenance cantonale des recours devant le Tribunal fédéral. Ces différences s’expliquent par l’influence conjointe de facteurs conjoncturels (par ex. la croissance économique), institutionnels (par ex. l’organisation judiciaire cantonale) et liés aux acteurs du système judiciaire (par ex. la densité d’avocats). En conclusion de cette analyse exploratoire, cinq pistes de recherche sont identifiées afin d’étudier plus finement l’ampleur du processus de judiciarisation et d’en évaluer les impacts sur les politiques publiques.
The full text is free: http://onlinelibrary.wiley.com/doi/10.1111/j.1662-6370.2011.02046.x/full
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 3.The division (and the conflicts) of powers and competences Abdelkrim Maamouri L’Australie, un melting pot des théories de la séparation des pouvoirs in Pouvoirs, n. 141 , 29-38
The Australian conception of the separation of powers is highly original. Its specificity comes from a form of hybridization between the British and American models. It rests, on the one hand, on the rationalized fusion of the legislative and executive powers and, on the other, on the preeminence of the judicial branch.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 3.The division (and the conflicts) of powers and competences Leitch Bryan On the Difficulty of Separating Law And Politics: Federalism and the Affordable Care Act
Page 14/491 in Law and contemporary problems, Volume 75 2012 Number 3
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 3.The division (and the conflicts) of powers and competences Fry Joseph A. Place Matters: Domestic Regionalism and the Formation of American Foreign Policy in Diplomatic History, vol. 36, n. 3, June , 451-482
Place matters in how Americans and their political representative have responded to U.S foreign relations. Domestic regionalism has exercised a persistent and at times primary influence on the formulation of U.S. foreign policy. Through a selective historiographical review of the literature addressing New England, the Midwest, and the South, this article urges scholars to recognize this important domestic influence on policy formation—an influence that affords the opportunity to assess ideological, racial, religious, economic, and political considerations in a useful collective fashion.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 3.The division (and the conflicts) of powers and competences Young Ernest A. Popular Constitutionalism and the Underenforcement Problem: The Case of The National Healthcare Law in Law and contemporary problems, Volume 75 2012 Number 3
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 3.The division (and the conflicts) of powers and competences Tsesis Alexander Self-Government and the Declaration of Independence in Cornell Law Review, Volume 97 Number 4
No abstract available
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 3.The division (and the conflicts) of powers and competences Wayne Stephen J. The Eisenhower Administration: Bridge to the Institutionalized Legislative Presidency in Congress & the Presidency, Volume 39, Issue 2, June , 199-209
Eisenhower's contributions to the modern presidency are primarily institutional and to some extent, stylistic: his reliance on the professionalism of civil servants in the Bureau of the Budget, his continuation of the annual programming process
Page 15/491 as well as the procedures for coordinating the executive branch's legislative role, his creation of a White House office to represent him on Capitol Hill, and his respect for Congress as a legislative body. What Eisenhower did not do is equally significant: he did not reject the model of an activist presidency, reverse the New and Fair Deal policies of his Democratic predecessors, or pursue his centrist agenda in a blatantly partisan manner. The Eisenhower experience demonstrates that incivility, inhumanity, and inanity are not inevitable consequences of divided government.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 4.The legislative branch Haider Quercia Ulrike I Länder austriaci e la loro rappresentanza extracostituzionale in Rassegna parlamentare, n. 1
.
------
Section A) The theory and practise of the federal states and multi-level systems of government Subsection 4.The legislative branch Larios Maria Jesús The Legislative Hearings as a Mechanism of Participation in Perspectives on federalism, Vol. 4, issue 1 , N- 25-34
The mechanisms of citizen participation in lawmaking can be considered as mechanisms of participatory democracy. These institutions enable citizens to submit proposals or opinions in the process of decision-making by governments, so they must be taken into account, even if not being bound by them, ranking them among the institutions of representative democracy and those of direct democracy. These activities are developed by citizens, individually and especially through representatives of social formations, in order to influence the actions of public authorities. The mechanisms that citizens have at their disposal to take part in the legislature are usually citizens’ initiatives that are presented to the parliaments. However, this article is concerned about other forms of participation in the development of bills when they are being handled by the legislative chambers. These instruments, in Spain, are taken into account by citizens or associations being heard in the legislative committees, initially in some autonomous standing orders and more recently in Statutes of Autonomy. The legislative hearings of citizens or associations are not provided at national level because the standing orders of the Spanish Parliament, the Congress and the Senate, only provide hearings of authorities or experts. This article analyzes these mechanisms and their most recent reforms as ways of opening the legislative process to persons and groups outside the chamber, as an additional form of pluralism
Full text available at: http://www.on-federalism.eu/index.php/maria-jesus-larios/99-note/122-the-legislative-hearings-as-a-mechanism-of-partic ipation