Bulletin n. 2/2007 - October 2007 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 Fulton R. R. "Our Federal System": States' Susceptibility to Challenge When Applying Federal Affirmative Action Law in University of Chicago Law Review, Vol. 74 n. 2 , 687 - 710 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 Davidson N. M. Cooperative Localism: Federal-Local Collaboration in an Era of State Sovereignty in Virginia Law Review, Vol. 93 n. 4 Direct relations between the federal government and local governments—what this article calls “cooperative localism”—play a significant and underappreciated role in areas of contemporary policy as disparate as homeland security, law enforcement, disaster response, economic development, social services, immigration, and environmental protection. Despite the ubiquity of this practice, a jurisprudential conflict threatens this important facet of intergovernmental relations. Historically, courts have allowed local governments to invoke federal authority as a source of local autonomy, despite the prevailing view of local governments as powerless instrumentalities of the state. The Supreme Court is increasingly suggesting, however, that state control over local governments is a fundamental aspect of state sovereignty triggering judicial limits on federal power. When this confrontation comes to a head, limiting federal authority to empower local governments would be a mistake. This article instead proposes a new framework for conceptualizing federal empowerment of local governments that is not only consistent with the Court’s contemporary view of federal structure, but in fact advances the Court’s normative and pragmatic goals. The core concerns animating the Court’s current move to devolve and decentralize power are forcefully served by enhancing the autonomy of local governments in the constitutional structure. In short, the very values of federalism on which the Court has relied to enhance state sovereignty provide a compelling localist grounding for the particular exercise of national power represented by cooperative localism. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Zakharov Andrei Empire and Federation in Russian politics and law, Volume 45, Number 2 / March-April , 26 - 41 Page 1/217 -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Meyer T. Federalism and Accountability: State Attorneys General, Regulatory litigation and the New federalism in California Law Review, Vol. 95 n. 3 , 885 - 914 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 Nasser Nicola Federalism: A Solution More for Israel than for Iraq in Indian Journal of Federal Studies, 15th Issue, 1/2007 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 Wanna John Improving Federalism: Drivers of Change, Repair Options and Reform Scenarios in Australian Journal of Public Administration, Volume 66, Number 3 , 275-279 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 Caron Jean-François L'héritage républicain du fédéralisme. Une théorie de l'identité nationale dans les fédérations multinationales in Politique et sociétés, revue de la Société québécoise de science politique, Vol. 25, no 2-3 L'évaluation du fédéralisme à la lumière des aspects qui ont mené à la création de la fédération américaine permet de situer ce système politique dans la tradition républicaine de la liberté. Par une historiographie des idées qui ont précédé la révolution américaine et l'établissement du pacte fédéral de 1789, ce texte vise à démontrer en quoi l'idée moderne du fédéralisme est d'abord et avant tout un système politique dont l'objectif consiste à empêcher la domination. À partir de cette historiographie, le présent article vise à établir un cadre normatif pour les politiques identitaires des fédérations multinationales. Abstract. Page 2/217 The evaluation of federalism in light of the elements that led to the creation of the American federation allows us to situate this political system within the republican tradition of liberty. Through a historiography of the ideas that preceded the American Revolution and the federal pact of 1789, this text seeks to demonstrate that the modern idea of federalism is first and foremost that of a political system whose objective is to prevent domination. Based on that historiography, this article aims to establish a normative framework for the politics of identity of multinational federations. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Accetto Matej On Law and Politics in the Federal Balance: Lessons from Yugoslavia. in Review of Central & East European Law, Vol. 32 Issue 2 , 191-231 In trying to build a supranational polity while paying heed to member states' autonomy concerns, modern supranational 'projects' such as the European Union find themselves where others have been before. This article explores a surprising but pertinent 'ancestor' that, albeit in sharply different societal arrangements, had grappled with the same challenges of balancing integration and autonomy: the former Yugoslavia. The author starts by tracking the development of Yugoslav federalism through its several constitutional incarnations: from the meager federal features of the 1946 Constitution and the similarly centralistic constitutional developments in the 1950s and the 1960s to a stronger federalization of Yugoslavia that culminated with the 1974 Constitution. After a general outline of the constitutional development, the article focuses on the relationship between law and politics in maintaining the federal balance, highlighting the role of the federal Constitutional Court in achieving a proper balance between the centrifugal and the centripetal forces in the federation. Finally, the main theories on the dissolution of Yugoslavia and the role of the federal Constitutional Court are briefly analyzed. In the conclusion, the author attempts to draw out the lessons that the Yugoslav experience may offer contemporary polities faced with the same challenges, focusing on the role of the judicature and the relationship between law and politics in safeguarding the federal bargain. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Hollander Robyn, Patapan Haig Pragmatic Federalism: Australian Federalism from Hawke to Howard in Australian Journal of Public Administration, Volume 66, Number 3 , 280-297 The article explores the nature of Australian federalism by examining four major themes in the period from Hawke to Howard. The investigation of these themes - Australian conceptions of federalism; the role of party in shaping federalism; the way problems and politics have influenced policy-making and thereby federalism; and the nature of federal judicial review - suggests that Australian federalism can most accurately be characterised as pragmatic. It appears as a federalism shaped by pressing problems, specific policy agendas and the prevailing political dynamic, rather than by overarching conceptions of federalism derived from political theory or articulated in party ideology. This pragmatic federalism explains important aspects of Australian federalism, especially the trend towards centralisation of authority Page 3/217 -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Fenna Alan The Malaise of Federalism: Comparative Reflections on Commonwealth-State Relations in Australian Journal of Public Administration, Volume 66, Number 3 , 298-306 The High Court's decision in the `Work Choices' case expanding further the scope of the Commonwealth's enumerated powers is the latest reminder of the highly centralised nature of Australian federalism. The division of powers traditionally forming the essence of a federal system has become increasingly difficult to discern and the roles and responsibilities of the two levels of government have become entangled. While for a good part of Australia's history divided jurisdiction was deplored as an obstacle to progress in government, today the decay of the system is most likely to be lamented. Discussion of options for reform presupposes an understanding of the forces that have led to the present condition. This article examines the Australian experience in a broader comparative and historical perspective and suggests that those forces are endemic and substantial. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Harmes Adam The Political Economy of Open Federalism in Canadian Journal of Political Science--Revue canadienne de science politique, Volume 40, issue, 02, June , 417-437 This article examines the federal