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The Bibliographical Bulletin on Federalism

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The Bibliographical Bulletin on Federalism Bulletin n. 1/2008 - May 2008 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 MacLaren Malcolm 'Thank you India' - Reflections on the 4th International Conference on Federalism, New Delhi, 5-7 November 2007 in German Law Journal, Vol. 9, issue 3 , 367-388 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 Pushaw Jr Robert J. A Neo federalist analysis of federal question jurisdiction in California Law Review, Vol. 95, issue SYMPO , 1515-1572 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 Heuser Robert Der offene Weg: Ein Jahrhundert chinesischer Verfassungsreform in Jahrbuch des öffentlichen Rechts der Gegenwart, Band 56, 2008 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 Busch Andrew E. Federalism and Front-loading in Publius: The Journal of Federalism, vol. 38,n. 3, Summer - The State of American Federalism 2007–2008 , 538-555 "Front-loading" primaries and caucuses—the movement of state delegate selection contests to the beginning of the nomination calendar—is problematic for the integrity of the presidential nominating system. Because it results from decentralized decision making by self-interested states, front-loading also poses a problem for federalism. Indeed, most proposed remedies for front-loading would impinge on federalism in some manner. In analyzing those remedies, one must assess their interaction with federalism both procedurally and substantively. For example, a federally imposed national primary would be harmful to federalism on both dimensions; regional primaries negotiated among states would Page 1/321 be best for federalism procedurally but are of dubious efficacy; the national parties have an ambiguous relationship to federalism; and a change in federal campaign finance rules would seek to combine a centralized process with a decentralized result. The best solution might be to use available central levers to try to change campaign dynamics and thus the incentives for states to schedule their primaries early. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Bartolich Marco Federalismo e democrazia diretta in Svizzera in Quaderni Regionali , N. 3 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 Gardner James A. In Search of Sub-National Constitutionalism in European Constitutional Law Review, Volume 4 - Issue 02 , 325-343 Federalism as a consequence of local/cultural self-determination – Degree of autonomous human rights protection on a subnational level – Analysis in terms of two dimensions: subnational constitutionalism and contestatory federalism – Contrast between US and European models – Opposition between contestatory federalism and subsidiarity – Rise of international human rights protection diminishes importance of subnational human rights protection -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Mitra Subrata K. Level playing fields: The Post-colonial State, Democracy, Courts and Citizenship in India in German Law Journal, Vol. 9, issue 3 , 343-366 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 Alvarez Conde Enrique, Tur Ausina Rosario Los derechos en el constitucionalismo: tipología y tutela in Teoria y realidad constitucional, n. 20 , 231-276 No abstract available Page 2/321 -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Brugger Winfried, Sarlet Ingo Wolfgang Moderner Konstitutionalismus am Beispiel der US-Verfassung, des Grundgesetzes und der brasilianischen Verfassung: eine rechtsvergleichende Perspektive in Jahrbuch des öffentlichen Rechts der Gegenwart, Band 56, 2008 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 Di Martino Alessandra Qualche osservazione in tema di sovranità e dualismo alla luce di una recente decisione del Tribunale costituzionale tedesco in Teoria del diritto e dello stato, n. 1-2-3 - 2006 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 Ferraiolo Kathleen State Policy Innovation and the Federalism Implications of Direct Democracy in Publius: The Journal of Federalism, vol. 38,n. 3, Summer - The State of American Federalism 2007–2008 , 488-514 As state policy activism has flourished in recent years, increasingly that activism has taken place through the direct democracy process. While winning ballot measures often have implications for federal–state relations, federalism issues have largely been ignored in the direct democracy literature. I address this oversight by investigating how the outcomes of direct democracy politics affect the relationships among citizens, states, and the federal government. My analysis focuses on measures proposed over the last decade that represent either a response to perceived federal inaction or a challenge to federal policy. The findings suggest that initiatives have different effects on federal–state relations depending on the form they take. When ballot measures seeking to fill a policy void lead to federal action, they promote intergovernmental policy consensus and narrow the distance between public opinion and federal policy; if the federal government fails to address the issue at stake, additional state innovation will result and voter preferences and federal policy outcomes will move farther apart. Meanwhile, initiatives that challenge federal law create conflict and polarization between states and the federal government and widen the distance between public opinion and federal policy. The passage of initiatives in both categories heightens opinion-policy congruence at the state level as officials are often eager to publicly support and implement the results of successful ballot measures. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Page 3/321 Blankart Charles B. The European Union: confederation, federation or association of compound states? in Constitutional political economy, Volume 18, Number 2 / June, 2007 The European Union of today is neither a confederation nor a federation, but rather an association of compound states. It is shown that this mixture of two forms of constitutional contracts implies inconsistencies prone to political deadlocks. A Buchanan/Tullock/Rawls approach to a reform suggests a clear choice between either a confederation or a federation. In this paper, however, it is proposed to follow a Hayekian approach in which issue fields are allocated to a confederation or to a federation, respectively depending on the revealed homogeneity of preferences of the citizens across the Member States. Hence both, Council and European Parliament, would remain the central decision makers but with separate tasks. Suggestions are made how to improve their election and their decision rules. The paper should contribute to the debate on reforming the European institutions which emerged after the rejection of the constitutional draft by the French and Dutch voters in 2005. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Auber Emmanuel États-Unis versus Union européenne. Observations comparatives sur la répartition des compétences in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne, numero 517, avril , 221-226 From different stories, the United States and the European Union have produced their own constitutional structures. In the European Union the responsibilities of States are not clearly designated, the lawmaker has a strong interstate character, the executive is partly shared. In the American Federation, as the Union was born from an agreement between States, cooperative federalism appears more balanced. However, in spite of the difficulty of elaborating a single analytic system, there are resemblances between the vertical responsibility breakdown adjustment systems allowing for jurisdictional interaction between the two levels. In addition, the centralising case law of the United States' Supreme Court and the European Communities Court of Justice has made it possible to go beyond the constitution/treaty or State/international organisation distinction. In the wake of the Lisbon treaty, the European Union will need to take advantages of the lessons of America's federalism in order to clarify the responsibility breakdown and achieve a budget more suited to the magnitude of its task. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 2.Constitutional reform Guragain Rimal
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